Sentences with phrase «of judicial activism»

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

This is certainly not a case of judicial activism.

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

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.»

But she says that the brand of judicial activism for which Warren is known preceded his tenure as chief.

The judges, J. Harvie Wilkinson of the 4th U.S. Circuit Court of Appeals in Richmond, Va., and Richard Posner of the 7th U.S. Circuit Court of Appeals in Chicago, take Scalia to task for engaging in the same sort of judicial activism he regularly disdains.

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.

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.

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.

Although the courts strongest critics are often conservatives, the prospect of judicial activism should concern liberals and progressives too.

The the Heritage experts go on to give five «egregrious» examples of judicial activism over the past decade.

My relatively nonpartisan definition of JUDICIAL ACTIVISM has to do with an objection to «natural rights» or any other kind of «rights / liberty» jurisprudence — whether it flows from Randy Barnett or Rawls or Hadley Arkes.

Paul Carrese is Associate Professor of Political Science at the U.S. Air Force Academy, coeditor of John Marshall's The Life of George Washington (2000), and author of The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism (2003).

Another well - known example where various judges were accused of judicial activism was the Obergefell v. Hodges case where the supreme court ruled that same - sex couples have the right to marry.

Aware that its decision might smack of judicial activism, the judges responded:

It's a case of judicial activism coming back to bite the left.»

Roosevelt, author of the 2006 book, «The Myth of Judicial Activism: Making Sense of Supreme Court Decisions,» agreed that Souter's replacement should be someone who would bring a different perspective to the court's deliberations.

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.

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.

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.

In that sense, the possible creation of new restriction grounds raises questions of judicial activism and imperils human rights» protection.

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.

George, I've noticed, is getting more libertarian, even embracing the libertarian brand of judicial activism.

That's the kind of judicial activism that produced Roe v. Wade.

There is no question that District of Columbia v. Heller was precisely the sort of judicial activism the conservative justices of the Supreme Court promised not to do.

This is not to say that the court is immune from renewed charges of judicial activism, says Cameron.

On the way back burner of my cluttered mind, I have the thought that it might be useful at some point to write up a modal account of judicial activism, if for no other reason than to attempt some descriptive clarification.

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 a lack of judicial activism to implement the recommendation of the Royal Commission on non-custodial sentences are some obvious and ongoing causes of over-representation.

But they aren't egregious examples of JUDICIAL ACTIVISM.

«This is a classic case of judicial activism, and we will move quickly to appeal this disappointing decision.»