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Springer - Judicial Activism and the Democratic Rule of Law

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Description

Explore the complex relationship between judicial action and constitutional democracy in this academic text by Springer. The author examines whether judicial activism serves as a necessary tool for protecting human rights, dignity, and due process, or if it constitutes judicial overreach. This book provides an in-depth analysis of recent case law to support its arguments. By looking at decisions from the US Supreme Court, the Canadian Supreme Court, and the European Court of Human Rights, the text demonstrates how courts act to provide equal protection and due process to the powerless. Readers will gain a better understanding of how these legal institutions function within a constitutional framework to uphold the democratic rule of law through their judicial decisions.

Key Features

Examines the distinction between essential judicial activism and judicial overreach in constitutional democracies.

Analyzes the role of the judiciary in protecting human rights, dignity, and the right to due process.

Includes case studies from the US Supreme Court to provide real-world legal context.

Features legal analysis from the Canadian Supreme Court regarding democratic rule of law.

Reviews decisions from the European Court of Human Rights to offer a global legal perspective.

Investigates how courts provide equal protection and due process to powerless individuals.

Product Specifications

Format
paperback
Domain
Amazon UK
Release Date
18 February 2021
Listed Since
22 January 2021

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