Article - The Yale Law Journal
... even before a class has been certified—without meaningful input from affected parties or well-defined legal standards to guide their analysis. In coping with new partisanship problems in pretrial practice or new agency problems in class action litigation, judges often are willing to ignore their tra ...
... even before a class has been certified—without meaningful input from affected parties or well-defined legal standards to guide their analysis. In coping with new partisanship problems in pretrial practice or new agency problems in class action litigation, judges often are willing to ignore their tra ...
The Hazards of Proposals to Limit the Tenure of
... tenure, the article discusses both selection and tenure since they are closely related. The first part of the article explains why proposals to limit the tenure of federal judges would interfere with judicial independence and effectiveness without producing any countervailing benefits. The second pa ...
... tenure, the article discusses both selection and tenure since they are closely related. The first part of the article explains why proposals to limit the tenure of federal judges would interfere with judicial independence and effectiveness without producing any countervailing benefits. The second pa ...
Judicial Review and Its Politicization in Central America: Guatemala
... In considering judicial reform in Guatemala, Rachel Sieder identifies a number of "key historical features" shaping the country's legal culture: [t]hey are, first, marked distance and separation between popular mechanisms for conflict resolution and the state's judicial apparatus; second, acute and ...
... In considering judicial reform in Guatemala, Rachel Sieder identifies a number of "key historical features" shaping the country's legal culture: [t]hey are, first, marked distance and separation between popular mechanisms for conflict resolution and the state's judicial apparatus; second, acute and ...
The Rise and Fall of Judicial Self-Restraint
... argued that this implied that the legislature had to make an independent constitutional judgment—especially the federal legislature, because federal courts refuse to issue advisory opinions—and so Congress has to decide for itself whether a statute that it wants to enact would be constitutional. (He ...
... argued that this implied that the legislature had to make an independent constitutional judgment—especially the federal legislature, because federal courts refuse to issue advisory opinions—and so Congress has to decide for itself whether a statute that it wants to enact would be constitutional. (He ...
Appeal Number: DA/00311/2013 Upper Tribunal (Immigration and
... summary contained in paragraph 17, where the Tribunal draws together a number of the factors in the equation before it. Following this, the Tribunal made a series of findings and evaluative assessments which are contained in paragraph 23. This, in turn, was followed by an extensive rehearsal of the ...
... summary contained in paragraph 17, where the Tribunal draws together a number of the factors in the equation before it. Following this, the Tribunal made a series of findings and evaluative assessments which are contained in paragraph 23. This, in turn, was followed by an extensive rehearsal of the ...
The Democratic Character of Judicial Review
... national legislatures, and political apathy in the electorate. At the same time, we are warned, the participation of the courts in this essentially political function will inevitably lead to the destruction of their independence and thus compromise all other aspects of their work. ...
... national legislatures, and political apathy in the electorate. At the same time, we are warned, the participation of the courts in this essentially political function will inevitably lead to the destruction of their independence and thus compromise all other aspects of their work. ...
Judicial Independence in a Changing Constitutional Landscape
... when they need an independent public examination of a difficult problem. The public do not readily see the serious problems that face the system of justice, such as the inordinately high cost of using the courts, which puts access to justice out of the reach of most, and a system that has not been m ...
... when they need an independent public examination of a difficult problem. The public do not readily see the serious problems that face the system of justice, such as the inordinately high cost of using the courts, which puts access to justice out of the reach of most, and a system that has not been m ...
The Ambiguity of Judicial Review: A Response to Professor Bickel
... has occasionally chosen the wrong politics. Can that kind of error be avoided merely by asking the Court to shun political choices? Suppose the Court had said that the Constitution did not prohibit slaves from becoming citizens. Perhaps then the "wrangling of lawyers" would have saved a war. If the ...
... has occasionally chosen the wrong politics. Can that kind of error be avoided merely by asking the Court to shun political choices? Suppose the Court had said that the Constitution did not prohibit slaves from becoming citizens. Perhaps then the "wrangling of lawyers" would have saved a war. If the ...
- Chanakya IAS Academy
... Topic: Indian polity. Constitution, Governance, judiciary, Judicial Review , Judicial Activism, Judicial Overreach. Intro: The Supreme Court‟s ruling that the national anthem should be played in all cinema halls and that everyone should stand up to show respect to it is wrong in many ways. In the fi ...
... Topic: Indian polity. Constitution, Governance, judiciary, Judicial Review , Judicial Activism, Judicial Overreach. Intro: The Supreme Court‟s ruling that the national anthem should be played in all cinema halls and that everyone should stand up to show respect to it is wrong in many ways. In the fi ...
4.19: Judicial Activism /Judicial Restraint
... Debate: How should the Constitution should be interpreted? 1. Strict Constructionist: judges are bound by wording of the Constitution = judicial restraint 2. Activist/Loose Constructionist): judges should look to underlying principles of Constitution = judicial ...
... Debate: How should the Constitution should be interpreted? 1. Strict Constructionist: judges are bound by wording of the Constitution = judicial restraint 2. Activist/Loose Constructionist): judges should look to underlying principles of Constitution = judicial ...
Judicial Activism and the Threat to the Constitution
... warned that judicial review would lead to a form of despotism.2 Notably, the power of judicial review is nowhere mentioned in the Constitution. The courts themselves have claimed the power based on inferences drawn from the Constitution’s identification of itself as supreme law, and the nature of t ...
... warned that judicial review would lead to a form of despotism.2 Notably, the power of judicial review is nowhere mentioned in the Constitution. The courts themselves have claimed the power based on inferences drawn from the Constitution’s identification of itself as supreme law, and the nature of t ...
RTF format
... the matter. The President reasserted his own commitment and that of the executive to the independence of the judiciary and its role as the final arbiter in all disputes in society. At the time of this issue going to press, the meeting date between the President and the Chief Justice was still to be ...
... the matter. The President reasserted his own commitment and that of the executive to the independence of the judiciary and its role as the final arbiter in all disputes in society. At the time of this issue going to press, the meeting date between the President and the Chief Justice was still to be ...
Harish Salve SA on Judicial Activism in India
... its six decades of existence, some widely celebrated and others more controversial. Following its establishment in 1950, the Court was careful not to undermine the elected institutions of the new state and proceeded cautiously but firmly in its interpretation of basic rights, relying in part on a na ...
... its six decades of existence, some widely celebrated and others more controversial. Following its establishment in 1950, the Court was careful not to undermine the elected institutions of the new state and proceeded cautiously but firmly in its interpretation of basic rights, relying in part on a na ...
The Supreme Court
... • Final court of appeal • Court is independent of the other branches of government and political pressures therefore the judges would not be elected, but appointed • To ensure that the judges had independence from the people who appointed them, the appointment process was split • To ensure that judg ...
... • Final court of appeal • Court is independent of the other branches of government and political pressures therefore the judges would not be elected, but appointed • To ensure that the judges had independence from the people who appointed them, the appointment process was split • To ensure that judg ...
Supreme-Court
... • However, SC’s decisions have had a powerful impact since the beginning – 1793 – SC ruled that a citizen had the right to sue a state, thus leading to the 11th Amendment. – A constitutional amendment was needed to overturn a decision of the SC (an early indication of the Court’s power). ...
... • However, SC’s decisions have had a powerful impact since the beginning – 1793 – SC ruled that a citizen had the right to sue a state, thus leading to the 11th Amendment. – A constitutional amendment was needed to overturn a decision of the SC (an early indication of the Court’s power). ...
1988 Malaysian constitutional crisis
The 1988 Malaysian constitutional crisis (also known as the 1988 judicial crisis) was a series of events that began with United Malays National Organisation (UMNO) party elections in 1987 and ended with the suspension and the eventual removal of the Lord President of the Supreme Court, Tun Salleh Abas, from his seat. The Supreme Court in the years leading up to 1988 had been increasingly independent of the other branches of the government. Matters then came to a head when Mahathir Mohamad, who believed in the supremacy of the executive and legislative branches, became Prime Minister. Many saw his eventual sacking of Salleh Abas and two other Supreme Court judges as the end of judicial independence in Malaysia, and Mahathir's actions were condemned internationally.Since 1988, there have been regular calls for an official review of the government's actions throughout the crisis. In 2008, newly appointed de facto Law Minister Zaid Ibrahim said the government had to make an open apology to the sacked judges, calling the government's actions during the crisis ""inappropriate"". Not long after, Prime Minister Abdullah Ahmad Badawi called the crisis one which the nation had never recovered from, and announced ex gratia compensation for the sacked and suspended judges.