Sentences with phrase «judicial activism»

"Judicial activism" refers to a situation in which judges and courts take an active role in shaping or changing laws beyond interpreting them. Instead of strictly following established laws or the Constitution, they may use their power to create new laws or implement changes based on their personal beliefs or social values. It is often seen as a controversy because it blurs the line between the roles of judges and lawmakers. Full definition
This issue focuses on the phenomenon of judicial activism in the political sphere.
Another perfect example of our boat going off course: since when have we as a society ever been concerned about judicial activism?
The law he wants to defend against judicial activism isn't popular.
Again, why is judicial independence sufficient to warrant judicial activism while general concerns with respect to ensuring access to justice is not?
This is certainly not a case of judicial activism.
Would it help if I found some articles where mainstream politicians on both sides rail against judicial activism?
Courts are criticized for judicial activism for preventing foul chemical discharges and automobiles, toxic effusions and for enforcing measures to secure clean water, air and soil.
In his FA Mann Lecture last November Sumption pinned his colours to the mast on judicial activism in general, and this latest fascinating survey of foreign policy case law illustrating the retreat of judicial deference must be read in that light.
The North American Chamber of Commerce immediately blasted the decision, calling it the «most blatant example of judicial activism in the history of the United States Supreme Court.»
Traditionalists dismayed by judicial activism in this area should keep that criterion in mind when making arguments against it.
'' «an opportunity for the minority party to represent a majority of Americans who oppose judicial activism»»
Lincoln, in contrast, viewed judicial activism as illegitimate, judicial precedent as problematic, and judicial supremacy as despotic.
Actually, the Heritage people, with good reason, are calling for more judicial activism or, maybe to be more precise, judicial assertiveness.
The the Heritage experts go on to give five «egregrious» examples of judicial activism over the past decade.
«Thanks to the leadership of Mayor Bloomberg and Commissioner Kelly, New York City is the safest large city in America but liberal judicial activism and political interference threatens to turn back the clock putting people in danger and sacrificing the quality of life in the city,» Long said.
Many will deplore so - called judicial activism and the legalization of politics.
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.
At Bench Memos, Ed Whelan addresses the parallel phenomenon, that of attacking the Roberts court for its supposed judicial activism.
If I were the president, I would take the partisan judicial activism masquerading as constitutional principle route, no matter what the Court decides.
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.
Will traditional marriage follow the path of preborn life — an issue moving from judicial activism and socially elite proclamations that a generational shift was «inevitable» and «the debate is over» to our day decades later where the youngsters are more right minded about abortion than their parents.
Rather than sharing the room with a large elephant while he discusses whether BP is overpaying for its spill, I would like to see Olson first defend the mess he made of democracy in California while sharing the stage with conservative luminaries who have yet to embrace judicial activism.
While sitting at JFK waiting for a plane, I realized that Carl, Peter, and Pete were on to something in their discussion of deferential, minimalist judicial activism.
The emptiness facilitated by Will's basically apolitical brand of libertarian judicial activism is what pushes us most forcefully down the road to serfdom.
Paul Gigot on effort to limit judicial activism, Wall Street Journal, March 7, 1997.
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.
We have since seen devolution, the Human Rights Act and unprecedented judicial activism.
He did imply it would somehow stop future judicial activism in the ECJ from affecting the UK - which hints at the dangerous.
Vergara v. California and Judicial Activism Education Week, 4/7/16 (Subscription required.)
For an alternate take, see «Choosing Judicial Activism over Originalism» by James E. Ryan.
It's a case of judicial activism coming back to bite the left.»
Previous: Solo who sought reversal based on «extreme judicial activism» faces total sanctions of $ 235K
So, on some controversial issues where something needs to be done, it may be that legislative indecision is starting to become a reason for increased judicial activism.
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.
Tagged with: Charter of Rights and Freedoms Chief Justice Joyal doctrine history judicial activism judicial restraint Justice Stratas political culture role of legislatures
He condemns judicial activism that introduces flexibility into the Constitution to allow for changing times and values.
John Yoo makes the case here that the court's decision amounts to judicial activism Yoo argues that the Executive Order did not even apply to this case since the issue was simply the enforcement of the law.
That year, a pre-Obama Supreme Court decided a case of corporate judicial activism at its worst - Reigle vs. Medtronic.
In other words, Mr Chang is accused of undue judicial activism.
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