JUDICIAL ACTIVISM & GROWTH OF ENVIRONMENTAL JURISPRUDENCE I. INTRODUCTION Judiciary in India particularly‚ Supreme Court and high courts have played an important role in preserving the environment without halting the development of the country which means preservation of doctrine of sustainable development. India being a developing country with vast geographical area and large population‚ the main task of the government becomes to look after present and future needs of people. It is usually
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the courts use judicial activism or judicial restraint? This is a major point in every court case‚ mainly supreme court cases‚ of how should the judges determine the outcome. Should the judges go strictly based off what the law states or should they interpret the law according to how they believe will be correct. Some notable supreme court cases being‚ Brown vs Board of Education‚ Brown v. Entertainment Merchants Association‚ and Korematsu v. US. Most siding with judicial activism over restraint
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The judicial restraint theory is based off the idea that judges should limit the exercise of their own power. For example‚ it would make judges think before shooting down laws‚ just because they can‚ with the exception being that they are unconstitutional. The opposite of judicial restraint is judicial activism. Judicial activism is when judges make rulings based on politics or personal beliefs rather than the law itself. The main difference between these two philosophies is judicial restraint is
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Essay #1 – Judicial Activism Do we need judicial activism to flesh out the vague phrases in the Constitution? This question is truly at the heart of the topic. Do we need judicial activism to protect our rights? What exactly are our rights? While this may seem like a silly or obvious question‚ it is vitally important in answering this question. How is a court‚ or a legislature‚ supposed to draw meaning from such vague phrases as “Due Process of law” or “equal protection” or even “free speech
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FORMALISM (also known as NEW CRITICISM) A Basic Approach to Reading and Understanding Literature Formalist theory has dominated the American literary scene for most of the twentieth century‚ and it has retained its great influence in many academic quarters. Its practitioners advocate methodical and systematic readings of texts. The major premises of New Criticism include: "art for art’s sake‚" "content = form‚" and "texts exist in and for themselves." These premises lead to the development
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A Brief Introduction to Russian Formalism Zhu Gang In the heyday of high modernism emerged a group of college students and young faculty in Moscow and Petersburg‚ Russia‚ whose interest was claimed to be literature per se. They were few in number‚ but their unmistakable insistence on the ideal status of literary study and stubborn pursuit for its realization has marked the beginning of a new era‚ and produced profound influence on the subsequent development of contemporary Western critical
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Högskolan Dalarna Literature D-Level Essay Supervisor: Mats Tegmark The Construction of Identity in Edwidge Danticat’s The Farming of Bones Mohammad Wahidul Islam 830301-T236 Armegatan 32/0116 Solna 17171 h05mwisl@du.se Table of contents Introduction…………………………………………………………………….1 How Danticat Communicates Her Views on Post-Colonial Identity to Her Readers…………………………………………………………………………3 Identity is Constructed Through Conflicts………………………………… 9 External Conflicts between Two Nations……………………………………
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Russian formalism. A school of literary theory and analysis that emerged in Russia around 1915‚ devoting itself to the study of literariness‚ i.e. the sum of ’devices’ that distinguish literary language from ordinary language. In reaction against the vagueness of previous literary theories‚ it attempted a scientific description of literature (especially poetry) as a special use of language with observable features. This meant deliberately disregarding the contents of literary works‚ and thus inviting
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JUDICIAL ACTIVISM and EMPOWERMENT OF INDIAN WOMEN – TOWARDS EQUALITY WOMEN’S DEVELOPMENT – HISTORICAL BACKGROUND Women’s empowerment is a noted concept in social change‚ which is much discussed‚ often elusive and sometimes abused. Yet in the context of development‚ women’s leadership and agency in social change have been levers for women’s empowerment within communities. Women have sought to fight entrenched interests for community benefits‚ and have garnered through their collective strength
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Kant’s Formalism Theory The theories of Immanuel Kant‚ a German philosopher‚ have had an impact on the formulation and shaping of ethics today. Immanuel Kant graced this earth from 1724 to 1804. During his eighty year life time‚ he formulated many interesting ideas regarding ethical conduct and motivation. Kant is strictly a non-consequentialist philosopher‚ which means that he believes that a person’s choices should have nothing to do with the desired outcome‚ but instead mankind simply
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