Sentences with phrase «by judicial activism»

Reform notwithstanding, the horror stories continue, aided — as Mike Cernovich at Crime & Federalism contends — by judicial activism.

Its overweening ambition demonstrated by its judicial activism to hold itself above our parliament makes it incompatible with a British view of democracy.

A politics of reason gave way to a politics of emotion and flirted with the politics of irrationality; the claims of moral reason were displaced by moralism; the notion that all men and women were called to live lives of responsibility was displaced by the notion that some people were, by reason of birth, victims; patriotism became suspect, to be replaced by a vague internationalism; democratic persuasion was displaced by judicial activism.

Not exact matches

So the very important posts below by Carl, Pete, and Kate are all about the harm unconstitutional or a-constitutional judicial activism does to our political life.

So the Supreme Court, when it practices judicial activism, undercuts democratic participation not only by substituting its own assertoric judgment for democratic deliberation, or by ignoring the plain letter of the constitution in favor of its own political inclinations, but also by understanding itself as a council of philosopher kings (versus really good lawyers) prudentially adjusting the fundamental nature of American democracy to fit the ever changing historical horizon that provides the context for its expression.

Over at No Left Turns, Peter Lawler reminds us that part of the problem with an unrestrained judicial activism is precisely its championing of the ever expanding rights of the Lockean individual — the essential premise of Texas v. Lawrence is that the word «liberty» as used in the Fourteenth Amendment is an indeterminate concept meant to be expanded indefinitely by the Supreme Court.

The emptiness facilitated by Will's basically apolitical brand of libertarian judicial activism is what pushes us most forcefully down the road to serfdom.

But they unwittingly laid the groundwork for it by giving the Supreme Court a constitutional amendment couched in terms so broad and undefined that it eventually became a vehicle for freewheeling judicial activism and thereby turned judicial review into a legislative power.

And judicial activism has been applied by both parties at different points in US history.

She was twice nominated to U.S. Court of Appeals for the District of Columbia Circuit, only to see her first nomination filibustered and her second sunk by charges of judicial activism by Senate Republicans over gun industry litigation during her time as solicitor general.

The problems raised by judges in these remedial proceedings call for thoughtful responses and nuanced solutions, rather than the cavalier rejection of «judicial activism» that Hanushek and Lindseth and other opponents of adequacy articulate.

The question remains whether the CJEU has shown too much judicial activism by using the instrument of teleological interpretation and whether it crossed the boundaries into the realm of illegitimacy.

HCR 119 filed along with HJR 110 lists Obergefell and other cases recently decided by the U.S. Supreme Court as «judicial activism» and asks the U.S. House to investigate possible impeachment of the justices in those cases.

In 1997, Peter Hogg responded to criticisms of judicial activism in the post-Charter era by suggesting that the legislature is instead involved in a flexible and dynamic relationship with the courts over Charter rights.

America's Prophets: How Judicial Activism Makes America Great fills a major void in the popular literature by providing a thorough definition and historical account of judicial activism and by arguing that it is a method of prophetic adjudication which is essential to preserving AmericanJudicial Activism Makes America Great fills a major void in the popular literature by providing a thorough definition and historical account of judicial activism and by arguing that it is a method of prophetic adjudication which is essential to preserving AmericanActivism Makes America Great fills a major void in the popular literature by providing a thorough definition and historical account of judicial activism and by arguing that it is a method of prophetic adjudication which is essential to preserving Americanjudicial activism and by arguing that it is a method of prophetic adjudication which is essential to preserving Americanactivism and by arguing that it is a method of prophetic adjudication which is essential to preserving American values.

Dow confounds the allegation of the Christian right that judicial activism is legally and morally unsound by tracing the roots of American judicial activism to the methods of legal and moral interpretation developed by the prophets of the Hebrew Bible.

The Bingham Centre makes the valid point that the fact that cases such as Al Rawi (allegations of rendition and torture by the security services which resulted in a large civil settlement) have meant courts ordering more disclosure from the security services may be more a result of policy changes by the security services than of judicial activism which needs to be reined in.

The bits played on Morning Edition suggest that, although conservatives have been the ones to most vehemently denounce «judicial activism» and the evils of «legislating from the bench,» the conservative justices (primarily Thomas) have been the ones most likely to invalidate laws passed by Congress, while Breyer is the justice least likely to do so.

The process by which the court struck down WCAT's right of reconsideration was the result of an unusual instance of judicial activism, and in my view it was quite unsatisfactory.

And that Sept. 25 address in San Francisco by the chief justice was indeed a major one, coming at a time when the «Warren Court» was under a broad attack for «judicial activism» and «expansionism.»

The CanWest News Service article entitled Funding for minority groups to challenge federal laws under review reports that the program, first set up under former Prime Minister Pierre Trudeau, «has been the target of harsh criticism from social conservatives and critics of so - called judicial activism, who assert the initiative is a slush - fund for left - leaning groups to circumvent the will of elected legislators by challenging them in court».