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Judicial Activism at the European Court of Justice

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Release : 2013-01-01
Genre : Law
Kind : eBook
Book Rating : 408/5 ( reviews)

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Book Synopsis Judicial Activism at the European Court of Justice by : Bruno de Witte

Download or read book Judicial Activism at the European Court of Justice written by Bruno de Witte. This book was released on 2013-01-01. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the CourtÕs role in Europe, engaging with the complexity of the law without losing sight of the bigger political picture. Well-contextualised, critical, but nuanced, discussions of the role of rights, economics, science, and institutions, and of the important particularities of EU adjudication, will make this volume unmissable for those interested in the political role of the Court of Justice of the EU.Õ Ð Gareth Davies, VU University of Amsterdam, The Netherlands This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors Ð from access rules to institutional design and to substantive functions Ð influencing the European CourtÕs political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities Ð and corresponding responsibilities Ð that the CourtÕs case law offers to independent observers, political institutions and civil society organisations. Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials.

Judicial Activism

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Release : 2015-05-26
Genre : Law
Kind : eBook
Book Rating : 497/5 ( reviews)

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Book Synopsis Judicial Activism by : Luís Pereira Coutinho

Download or read book Judicial Activism written by Luís Pereira Coutinho. This book was released on 2015-05-26. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.

The ECJ and Judicial Activism

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Author :
Release : 2010
Genre : Judicial process
Kind : eBook
Book Rating : 546/5 ( reviews)

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Book Synopsis The ECJ and Judicial Activism by : Kombos Constantinos

Download or read book The ECJ and Judicial Activism written by Kombos Constantinos. This book was released on 2010. Available in PDF, EPUB and Kindle. Book excerpt:

Measuring Judicial Activism

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Release : 2009-04-23
Genre : Law
Kind : eBook
Book Rating : 856/5 ( reviews)

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Book Synopsis Measuring Judicial Activism by : Stefanie Lindqquist

Download or read book Measuring Judicial Activism written by Stefanie Lindqquist. This book was released on 2009-04-23. Available in PDF, EPUB and Kindle. Book excerpt: '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.

Judicial Activism and the Democratic Rule of Law

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Release : 2020-02-17
Genre : Law
Kind : eBook
Book Rating : 851/5 ( reviews)

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Book Synopsis Judicial Activism and the Democratic Rule of Law by : Sonja C. Grover

Download or read book Judicial Activism and the Democratic Rule of Law written by Sonja C. Grover. This book was released on 2020-02-17. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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