“Power vacuum filling” some organ has to extend its influence and it is only natural for judiciary to extend its influence in the sphere. Many argue that it is against the principle of democracy. May be it is true. But there is a widening gap between the principle of democracy and the essence of democracy. Sometimes the hegemonic growth of the form and procedure of democracy become so vast that they make the spirit of democracy in danger. Now it is important to decide what is more important the procedure
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Judicial Activism is a case where the Supreme Court interprets the Constitution in a manner not previously covered either by precedent or by law‚ thereby changing what was once considered to be legal or illegal‚ depending on the circumstances of the case. Basically‚ it is going against the set precedent. This is a view point most often held by reformists‚ ones that want to change the current standards of society. On the other hand‚ Judicial Restraint is the antithesis of Judicial Activism‚ where
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Judicial Power and Activism Amanda Smith Southern New Hampshire University Courts and the Judicial Process JUS-602-Q2714 Courts and Judicial Process 15TW2 Jennifer Schneider December 14‚ 2014 Abstract In this paper I will discuss Texas v. Hopwood‚ 518 U.S. 1033 (1996)‚ Affirmative Action‚ the 14th Amendment in relation to how the judicial activism comes back to questions of judicial power. Judicial Power and Activism Let me first point out that no one man is better than the other. Human life
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Dangers of Judicial Activism in Australian Courts Far Outweigh any Advantages’. Discuss this statement. Judicial activism is described in Black’s Law Dictionary as "a philosophy of judicial decision-making whereby judges allow their personal views about public policy‚ among other factors‚ to guide their decisions‚ with the suggestion that adherents of this philosophy tend to find constitutional violations and are willing to ignore precedent." (http://dictionary.sensagent.com/judicial+activism/en-en/)
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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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JUDICIAL REVIEW AND THE INDIAN COURTS Literally the notion of judicial review means the revision of the decree or sentence of an inferior court by a superior court. Judicial review has a more technical significance in pubic law‚ particularly in countries having a written constitution which are founded on the concept of limited government. Judicial review in this case means that Courts of law have the power of testing the validity of legislative as well as other governmental action with reference
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’Judicial Method: activism versus formalism’ A new era has emerged from the societal and legal changes that have occurred in Australia. The age of Judicial activism has taken over the more traditional method of judicial formalism. Supporters of the latter’s concerns that it promotes power without responsibility‚ and blurs the separation of powers‚ however the supporters of the former agree that inevitable changes in society force the judiciary to acknowledge that judicial formalism is a method
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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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Judicial review is unlike almost every other aspect of the American legal and legislative processes. It’s different for several reasons‚ but it is most unique in the sense that it was put into practice before it was put in to the books as law. It was instituted by Chief Justice John Marshall in 1803’s landmark case Marbury v. Madison. Judicial review has been around for over 200 years‚ and it still draws as much criticism today as it did the day it was instituted. John Marshall was Chief Justice
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2 Ars Aequi september 2010 opinie arsaequi.nl/maandblad AA201002 Supreme matterS: tea partieS and the activiSm of reStraint Heather Kurzbauer* According to recently released statistics‚ one-fifth of all US citizens are Tea Party Supporters: predominately white conservatives convinced of the ‘evils’ of the Obama administration.1 Taking their cue from the defining protest in American history‚ The Boston Tea Party of 1773 in which the slogan ‘no taxation without representation’ inspired
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