Sentences with phrase «judicial activism in»

10 See Roger A. Fairfax, Jr., Wielding the Double - Edged Sword: Charles Hamilton Houston and Judicial Activism in the Age of Legal Realism, 14 HARVARD BLACKLETTER L. J. 17, 20 (1998).

Often described as a high - water mark of judicial activism in Canada, the Vriend case involved an allegation that Alberta's provincial human rights legislation was too narrow, and therefore inconsistent with the Charter.

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.»

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.

I highly doubt that Eskelsen García would have groused about judicial activism in those cases.

He did imply it would somehow stop future judicial activism in the ECJ from affecting the UK - which hints at the dangerous.

This issue focuses on the phenomenon of judicial activism in the political sphere.

Not exact matches

It's helpful first to define the popular term «judicial activism,» which is often used in the debate, though in varying ways.

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.

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.

Of course, judicial activism is an old problem, undemocratic and arbitrary, placing monumental decisions in too few hands.

This is part of the issue of «judicial activism,» on which Alexander Bickel, in The Least Dangerous Branch, was so eloquent a spokesman on behalf of the Court's «passive virtues.»

Will judicial activism and proclamations from social elites find their comeuppance in a generational shift?

Lincoln, in contrast, viewed judicial activism as illegitimate, judicial precedent as problematic, and judicial supremacy as despotic.

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.

«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.

«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 in a statement.

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

«Jim D * ke, a Republican consultant based in South Carolina and an adviser to Republican National Committee Chairman Michael Steele, called the nomination «an opportunity for the minority party to represent a majority of Americans who oppose judicial activism» but added that Republican would do well to wait until a nominee is chosen «before passing judgment lest they lose credibility with the American people.»

Jim Dyke, a Republican consultant based in South Carolina and an adviser to Republican National Committee Chairman Michael Steele, called the nomination «an opportunity for the minority party to represent a majority of Americans who oppose judicial activism» but added that Republican would do well to wait until a nominee is chosen «before passing judgment lest they lose credibility with the American people.»

The Bloomberg administration and the Legal Aid Society yesterday concluded a quarter - century of litigation that had held the city hostage to social activism dressed up in judicial writs.

A complex matrix of specific statutory language and judicial interpretations emerged out of the maelstrom of political activism over the issue that started in the late 1970s.

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.

In a state known for judicial activism, and with the trial judge calling for more money for schools, the high court's February 15 ruling was rather stunning.

If he were to run for president, Christie «would face some challenges among the more conservative circles of our party... concerned about issues like Common Core and judicial activism,» Bill Gustoff, a member of the Iowa Republican Party's state central committee, said this month as Christie campaigned in the state that hosts the nation's first presidential nominating contest.

Moreover, the Persons Case itself presents a good case study in social justice, one on which critics of so - called «judicial activism» should reflect.

At the maximum extent of «judicial activism» this could result in the finding of a duty binding upon the political actors on the basis of the telos of Article 20 TFEU and Article 50 TEU.

Joshua Rozenberg welcomes Sumption's latest speech as indicative of his supportive stance on judicial activism, particularly in the foreign policy sphere.

Are the CJEU's interventions in cases such as Somali Pirates II and H v Council legitimate exercises of judicial power or examples of judicial overreach and activism?

The requirements of section 11 (b) have played a major part in development of this type of judicial activism.

R v. Nur is a paradigmatic example of how this error presumes a false objectivity in proportionality assessments that leaves the Court vulnerable to critiques of judicial activism.

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.

She declined to weigh in on whether corporations have too much control over the Internet, how she defines «judicial activism,» and whether there are any limits on Congress» power to protect voting 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.

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 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.

Nobody expected the controversy to result in calls for the resignation of McLachlin, with critics citing bias and judicial activism.

The Superior Court found persuasive the reasoning of the trial court that imposing a duty here would greatly expend judicial resources and would result in judicial activism.

Since the adoption in 1982 of the Charter of Rights and Freedoms, and political concerns about judicial activism, calls have been made for more transparency and input into these appointments beyond the constitutional minimum.

Another way to say it, perhaps, is that judicial activism is not tied to any particular interpretive method (s); though it may look different when exercised in different modes.

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».

The fact that the prosecution of the patent played such a prominent role in the infringement action and subsequent decision (albeit in obiter) suggests an area ripe for judicial activism, to, in some circumstances, «go behind» the issuance of a patent and defer back to Patent Office proceedings.

«That reforming the judicial appointment process ranked so high on Prime Minister Harper's «to - do» list during his government's first year in office will not surprise those familiar with the oft - expressed antipathy of many Conservatives and their socially conservative supporters to Charter - based «activism» on the Bench.»

Also, is there an objective way to identify judicial activism, or is it all in the eyes of the beholder?

Election driven law and order campaigns primed to drive up incarceration, a lack of government action to implement the recommendations of the Royal Commission into Aboriginal Deaths in Custody and lack of judicial activism to implement the recommendations of the Royal Commission on non custodial sentences are some obvious and ongoing causes of over representation.