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ePub Judicial Activism in Common Law Supreme Courts download

by Brice Dickson

ePub Judicial Activism in Common Law Supreme Courts download
Author:
Brice Dickson
ISBN13:
978-0199213290
ISBN:
0199213291
Language:
Publisher:
Oxford University Press; 1 edition (February 9, 2008)
Category:
Subcategory:
Constitutional Law
ePub file:
1190 kb
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1291 kb
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This book examines the way in which judges in the top courts of nine different common law countries go about developing the law by devising new principles to allow themselves to be innovative and justice-oriented, and to ensure that human rights are universally protected

This book examines the way in which judges in the top courts of nine different common law countries go about developing the law by devising new principles to allow themselves to be innovative and justice-oriented, and to ensure that human rights are universally protected. The book surveys the decisions of these top courts over the last generation to determine how 'judicially active' they have been.

Preface This book analyses the extent to which the highest courts in nine common law countries around the world have been judicially active.

p. cm. ISBN 9780199213290 1. Political questions and judicial power. 2. Courts of last resort. Preface This book analyses the extent to which the highest courts in nine common law countries around the world have been judicially active.

In book: Judicial Activism in Common Law Supreme Courts. Cite this publication. This article takes issue with detractors of judicial activism, such as Australian High Court judge, Dyson Heydon, who claim that it undermines the rule of law. It is argued that all judging necessarily involves an activist element because of the choices that judges make. Their reliance on values is starkly illustrated in the area of discrimination law where there may be no precedents and judges are perennially faced with interpretative crossroads. The neoliberal turn and a change in the political composition of the Australian High Court post-Wik underscore the activist role.

Keywords: judicial activism, Supreme Court, common law, comparative law. Bibliographic Information. Affiliations are at time of print publication. Print publication date: 2007.

Covers nine different common law countries including Australia, Canada, India, Ireland, Israel, New Zealand . The Constitutional Court and Supreme Court of Appeal of South Africa 9: Brice Dickson: The House of Lords 10: Mark Tushnet: The Supreme Court of the United States.

Covers nine different common law countries including Australia, Canada, India, Ireland, Israel, New Zealand, South Africa, the United Kingdom and the United States

Автор: Dickson, Brice Название: Judicial Activism in Common Law Supreme Courts Издательство: Oxford .

Brice Dickson is Professor of International and Comparative Law at Queen's University Belfast and a former Chief Commissioner of the Northern Ireland Human Rights . Judicial Activism in Common Law Supreme Courts.

Brice Dickson is Professor of International and Comparative Law at Queen's University Belfast and a former Chief Commissioner of the Northern Ireland Human Rights Commission. He has published widely on human rights and on judicial activism, particularly at the level of the House of Lords and Supreme Court. Human Rights and the United Kingdom Supreme Court. The World Blind Union Guide to the Marrakesh Treaty.

Brice Dickson’s most popular book is Law In Northern Ireland: An Introduction.

Judicial activism refers to judicial rulings that are suspected of being based on personal opinion, rather than on existing law. It is sometimes used as an antonym of judicial restraint. The definition of judicial activism and the specific decisions that are activist are controversial political issues. The question of judicial activism is closely related to constitutional interpretation, statutory construction, and separation of powers.

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This book examines the way in which judges in the top courts of nine different common law countries go about developing the law by devising new principles to allow themselves to be innovative and justice-oriented, and to ensure that human rights are universally protected. The book surveys the decisions of these top courts over the last generation to determine how 'judicially active' they have been. It seeks to compare and contrast the different experiences and to identify the principles in accordance with which the various courts have decided to develop the law. How do they interpret legislation? What use do they make of standards derived from other countries or from international law? How willing are they to make law in areas which are traditionally the preserve of elected politicians? The contributors are all experts in their own jurisdictions and have already published widely in the field of judicial activism. The jurisdictions covered include Australia, Canada, India, Ireland, Israel, New Zealand, South Africa, the United Kingdom and the United States. The chapter on the judicial work of the House of Lords anticipates the transformation of that institution into the Supreme Court of the United Kingdom in 2009 and the book as a whole suggests that there is plenty of scope for that new court to learn from other common law supreme courts about the appropriate limits of judicial creativity.