By Kenneth M. Holland (eds.)
Read Online or Download Judicial Activism in Comparative Perspective PDF
Best comparative books
Global Corruption Report 2007: Corruption in Judicial Systems
An exam of ways, why and the place corruption mars judicial procedures.
The Unauthorised Agent: Perspectives from European and Comparative Law
The focal point of this e-book, the criminal scenario created whilst an agent acts with no authority, is among the most vital matters in company legislation. The research is split into 3 sections: obvious authority, ratification and the legal responsibility of the falsus procurator. Adopting a different comparative point of view, the contributions are drawn from many alternative felony structures, offering the chance for research of the ecu universal law/civil legislations divide.
- Partnerships, Power and Peacebuilding: NGOs as Agents of Peace in Aceh and Timor-Leste
- Stone age economics
- The "Dematerialized" Insurance: Distance Selling and Cyber Risks from an International Perspective
- Migration in Comparative Perspective: Caribbean Communities in Britain and France
- Comparative Study of the Public Service Ethics of the EU Member States 1, 2007
- Seafarers’ Rights in China: Restructuring in Legislation and Practice Under the Maritime Labour Convention 2006
Extra resources for Judicial Activism in Comparative Perspective
Sample text
The Public Interest 41 (Fall 1975): 104-23; Lino A. Graglia, Disaster by Decree: The Supreme Court's Decisions on Race and Schools (Ithaca: Cornell University Press, 1976); Raoul Berger, Government by Judiciary: The Transformation of the Fourteenth Amendment (Cambridge: Harvard University Press, 1977). 42. Donald L. Horowitz, The Courts and Social Policy (Washington: The Brookings Institution, 1977); R. Shep Melnick, Regulation and the Courts: The Case of the Clean Air Act (Washington, D. : The Brookings Institution, 1983).
The type of activism which eagerly overturns laws enacted by majorities in legislative bodies, much less the kind which finds 'rights' in a constitution and orders government to fulfil them, is simply out of the question. 8 Even an unwritten constitution, though, could cordon off a sacrosanct sphere for the courts; however, this theoretical possibility is obviated by the doctrine of Parliamentary sovereignty. Traditionally, this doctrine has had two parts: (1) that Parliament may legislate on any subject whatever and (2) that no other public body may challenge the legitimacy of an Act of Parliament.
52. 53. 54. 55. 56. 57. 58. 59. 60. Judicial Activism in Comparative Perspective important decision made by the Supreme Court during his tenure on the Court (1958-81). Interview with the author, January 1980. John McAdams, 'Testing the Theory of the New Class,' unpub. paper, Department of Political Science, Marquette University, Milwaukee, Wisconsin. Marvin Schick, 'Judicial Activism on the Supreme Court,' in Halpern and Lamb, Supreme Court Activism and Restraint, pp. 37-55. Roger C. Cramton, 'Judicial Law-making and Administration,' Public Administration Review 36 (September-October 1976): 552.