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I bring together evidence chiefly from three widely studied countries— Colombia, India, and South Africa—to show how courts have developed tools to protect democracies from erosion from within, to ameliorate defects in dif-ferent kinds of party systems, and to build up civil society and …
See results only from bclawreview.bc.eduA Dynamic Theory of Judici…
It argues that such a theory faces several important challenges: more work must …
Dec 10, 2013 · It argues that such a theory faces several important challenges: more work must be done to assess the plausibility and effectiveness of judicial action to improve democracy, …
- Follow this and additional works at: htp://scholarworks.law.ubalt.edu/lf
- Author: Timothy J. Capurso
- Publish Year: 1998
1. A very broad theory: Judge Posner's theory that judges in all cases should maximize wealth; FN4 . 2. A narrower, subsidiary theory to the above: judges in all cases should minimize trans …
Exploring the Judicial Role in a Democracy - Taylor & Francis Online
May 28, 2020 · In a fascinating historical analysis of the restraint of trade doctrine, Frank Carrigan and Peter Radan use the twists and turns in the development of the doctrine to show …
Rights in Flux: Nonconsequentialism, Consequentialism, and the …
Mar 10, 2017 · Rights in Flux: Nonconsequentialism, Consequentialism, and the Judicial Role. Judges and constitutional theorists have long debated the best means of understanding …
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In this part I consider four theories which represent different kinds of deontological and consequentialist moral reasoning which are now influential.
A Dynamic Theory of Judicial Role by David Landau :: SSRN
Jun 19, 2014 · It argues that such a theory faces several important challenges: more work must be done to assess the plausibility and effectiveness of judicial action to improve democracy, …
[PDF] A Dynamic Theory of Judicial Role | Semantic Scholar
Jun 1, 2014 · It argues that such a theory faces several important challenges: more work must be done to assess the plausibility and effectiveness of judicial action to improve democracy, as …
III. A THEORY OF JUDICIAL DECISION FOR TODAY' I N a developed legal system when a judge decides a cause he. seeks, first, to attain justice in-that particular cause, and second, to …
A Dynamic Theory of Judicial Role | Boston College Law Review
Nov 25, 2014 · It argues that such a theory faces several important challenges: more work must be done to assess the plausibility and effectiveness of judicial action to improve democracy, …
Although the legitimacy of the basic practice of judicial review has been widely accepted by both political actors and commentators since the early nineteenth century, the scope of that practice …
Not only will our examination of each individual topic necessarily be limited, but there will also be other topics concerning theories of judicial review, constitutional and statutory …
Judicial Role - Encyclopedia.com
JUDICIAL ROLE. Theories about the proper role of the Supreme Court have proliferated in recent decades. These theories have been too political in one sense and not political enough in another.
The Legitimacy of Judicial Decision-Making: Towards Empirical …
May 12, 2023 · This paper explores the conceptual and normative dimensions of theories of adjudication and argues that these theories must be held to empirical scrutiny. The …
"A Dynamic Theory of Judicial Role" by David Landau
It argues that such a theory faces several important challenges: more work must be done to assess the plausibility and effectiveness of judicial action to improve democracy, as well as …
Judicial process is an intellectual procedure adopted by the judges to authoritatively decide on “what the law is.” It is pertinent to note that all social science is based on the assumption that …
Theory of Justice: Jurisprudence - Legal Service India
What is a theory of justice? John Rawls, a political philosopher and an American moral, wrote A Theory of Justice in 1971. It tried to address the issue of societal distributive fairness. …
Various Theories of Justice Reflected In Indian Judgments
Such theories of justice includes Bentham's Utilitarian theory of justice, Hebert Spencer's and Immanuel Kant's theory of liberty of individual, Dwarkin's Rights Thesis, Rawl's Theory of …
Role Of The Judiciary In Upholding Constitutionalism - Legal …
In India, judicial power is a power given to the court to create a mechanism of regulation and balance between the legislature and the executive. There are various provisions in the Indian …
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