Where humour and rational explanations do not produce concord about judicial activism, a parable may make the point. |
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Last spring, I got into a heated argument with a bunch of lawyers about judicial activism. |
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At some point under our system we have to assert parliamentary sovereignty against judicial activism. |
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These statutory changes took place in a period of judicial activism in this area which had relaxed the law. |
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The debate over judicial activism and the democratic deficit overshadows the role of other stakeholders in developing public policy. |
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There should be no social or judicial activism when it relates to marriage. |
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Now opponents of judicial activism can offer all sorts of arguments why this is supposedly a bad thing. |
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Kagan's nomination is a triumph for liberal ideology and judicial activism. |
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In short, the decision is as pure an example of judicial activism as one could hope to find. |
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Let me turn, finally, to the fourth version of the charge of judicial activism. |
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The third version of the charge of judicial activism begins from the opposite assumption. |
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In talking to one particular judge, as an aside he brought up the subject of judicial activism. |
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It is the nerve centre of the Danish social model that is being threatened by the uncertainties and judicial activism of the Services Directive. |
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It is for this reason that the one-person-one-vote decision, while appealing in democratic terms, seems to me a form of illegitimate judicial activism. |
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We often hear concern that the courts are governing the country through judicial activism. |
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As a result, instead of religion and moral philosophy, we now have judicial activism by the government. |
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It has become a dogma of modern American conservatism that judicial activism is nefarious for democracy. |
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That level of judicial activism, in a context like this one, would be nearly unprecedented. |
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We already see the effects of judicial activism in Britain taking powers from our national parliament. |
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In other words, Cornyn was no longer troubled by judicial activism. |
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It was also the quintessence of judicial activism at its worst. |
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Indeed, in the wide literature on judicial activism, a widespread view holds that courts will do the utmost to avoid being overruled by political powers. |
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Accusations of judicial activism are at least as old at the court itself. |
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Their court is guilty of judicial activism. |
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We are concerned about the possibility, as we see in some countries, including ours from time to time, a notion that citizens have some concern with judicial activism without properly defined terms of limits. |
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What is outrageous is to impose these rules at European level on the United Kingdom, whether through directives like this or through the judicial activism opened by the Charter of Fundamental Rights. |
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It does touch on the fundamental supremacy of Parliament, the issue of judicial activism and the rights and privileges of parliamentarians to do the work that they were elected to do. |
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I believe that this judicial activism has been breeding for some time. |
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The aim is to encourage the rational use of legal actions and not judicial activism, and above all to promote the amicable and early settlement of disputes. |
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This term is often described as judicial activism. |
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This is hardly an enthusiastic endorsement for interfering in different areas of jurisdictional competence or, as some have suggested, judicial activism. |
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Since the ECJ, on the basis of the far more restricted text of the existing European treaties, has already displayed a worrying tendency towards judicial activism, this problem is likely to be especially acute. |
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The ICC could lead to judicial activism on a global scale. |
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It appears to be equally well accepted that the act of disregarding vertical precedent qualifies as one kind of judicial activism. |
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The question of judicial activism is closely related to constitutional interpretation, statutory construction, and separation of powers. |
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Claims of judicial activism are not confined to any particular ideology. |
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The definition of judicial activism and the specific decisions that are activist are controversial political issues, particularly in the United States. |
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Associate Justice Pierce Butler filed a dissenting opinion, joined by Associate Justice James McReynolds, in which he argued the majority had engaged in judicial activism. |
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This criticism is related to complaints about judicial activism. |
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All this has nothing to do with judicial activism or restraint, with strict or liberal constructionism, all of which are regularly practiced with craftsmanlike skill. |
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Detractors of judicial activism charge that it usurps the power of the elected branches of government or appointed agencies, damaging the rule of law and democracy. |
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Defenders of judicial activism say that in many cases it is a legitimate form of judicial review, and that the interpretation of the law must change with changing times. |
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India has a recent history of judicial activism, originating after the emergency in India which saw attempts by the Government to control the judiciary. |
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Judicial activism for the common weal is perhaps stronger in India than in any other country. |
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Judicial activism refers to judicial rulings that are suspected of being based on personal opinion, rather than on existing law. |
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I don't believe it is just my proximity to this case that makes it the most compelling of the dozens of surreal doozies cited in Against Judicial Activism. |
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