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Author : Stefanie Lindqquist
Publisher : Oxford University Press
Page : 189 pages
File Size : 19,81 MB
Release : 2009-04-23
Category : Law
ISBN : 0195370856
'Measuring Judicial Activism' supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. The book seeks to move beyond more subjective debates by conceptualizing activism in non-ideological terms.
Author : Stefanie A. Lindquist
Publisher :
Page : 176 pages
File Size : 22,64 MB
Release : 2009
Category : Electronic books
ISBN : 9780199870790
'Measuring Judicial Activism' supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. The book seeks to move beyond more subjective debates by conceptualizing activism in non-ideological terms.
Author : Kermit Roosevelt
Publisher : Yale University Press
Page : 272 pages
File Size : 29,56 MB
Release : 2008-01-01
Category : Law
ISBN : 0300129564
Constitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.
Author : Corey Rayburn Yung
Publisher :
Page : 0 pages
File Size : 11,99 MB
Release : 2011
Category :
ISBN :
Empirical scholarship about judicial activism has focused on the United States Supreme Court, relied upon subjective coding of individual cases as “activist” or “restrained,” and only examined instances when the federal judiciary invalidated legislative, executive, and state actions. This article contends that such limitations have yielded an extremely narrow and flawed perspective concerning judicial activism and decision-making. In contrast, this article introduces a study of the United States Courts of Appeals that evaluates judicial activism based upon the appellate review of all types of district court judgments using an objective measure that does not rely on coding individual opinions as “activist” or “restrained.” Activism, at its core, is about judges flexing their metaphorical muscles by elevating their judgment above other constitutionally significant actors. By analyzing how individual judges respect both deferential and non-deferential standards of review in reviewing district court judgments, this study captures, in the aggregate, the degree to which judges privilege their judgment. The study utilizes a new dataset that includes over 30,000 judicial votes by judges sitting on the United States Courts of Appeals from 2008 in cases in which a standard of review was applied. The study finds that there is no evidence of a statistically significant correlation between the activism of judges and their political ideology (regardless of how it is measured). However, the study does find that the Courts of Appeals vary substantially in their levels and variations of judicial activism in a statistically significant manner. Further, in reviewing the validity of this study, the article explores in greater detail the judicial activism measurements of four notable jurists: Judges Frank Easterbrook, Richard Posner, (now Justice) Sonia Sotomayor, and J. Harvie Wilkinson III. The article also includes Activism Scores for the 142 judges serving on the Courts of Appeals who had a sufficient number of qualified votes in the dataset.
Author : César Rodríguez-Garavito
Publisher : Cambridge University Press
Page : 235 pages
File Size : 35,52 MB
Release : 2015-10-22
Category : Law
ISBN : 1107078881
Using a Colombian case study, this book assesses the potential for court rulings to enact real-life social change.
Author : Niels Petersen
Publisher : Cambridge University Press
Page : 261 pages
File Size : 25,70 MB
Release : 2017-03-02
Category : Law
ISBN : 1107177987
This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.
Author : Martin Belov
Publisher : Routledge
Page : 319 pages
File Size : 21,58 MB
Release : 2021-09-22
Category : Law
ISBN : 1000436411
This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.
Author : Tiffany Dianne Miller
Publisher :
Page : 136 pages
File Size : 13,42 MB
Release : 1998
Category : Education
ISBN :
Author : Sonja C. Grover
Publisher : Springer Nature
Page : 283 pages
File Size : 43,7 MB
Release : 2020-02-17
Category : Law
ISBN : 3030350851
In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being ‘judicial overreach’. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation.The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.
Author : Kenneth M. Holland
Publisher : Springer
Page : 230 pages
File Size : 12,20 MB
Release : 1991-06-18
Category : Law
ISBN : 1349117749
The theme of this book is judicial activism in industrialized democracies, with a chapter on the changing political roles of the courts in the Soviet Union. Eleven contributors describe the extent to which the highest courts in their country of expertise have embraced the making of public policy.