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Springer Judicial Activism and Democratic Rule of Law - Springer

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Description

This book examines judicial activism as a vital component of democratic rule of law in constitutional democracies, challenging the notion that it constitutes judicial overreach. The author analyses landmark case law from the US and Canadian Supreme Courts alongside the European Court of Human Rights, demonstrating how these institutions have exercised judicial activism to protect human rights, dignity, and due process for vulnerable populations. Through selected recent case studies, the work illustrates the tension between activist judicial intervention and restraint, exploring when courts have successfully advanced equal protection and when they have maintained traditional legal boundaries. Essential reading for legal scholars, constitutional law professionals, and those studying the relationship between judicial authority and democratic governance.

Key Features

Springer-published academic text examining judicial activism within constitutional democracies and the democratic rule of law.

Case studies drawn from US Supreme Court, Canadian Supreme Court, and European Court of Human Rights decisions.

Analysis of how judicial activism protects human rights, dignity, and due process for disadvantaged populations.

Exploration of the distinction between legitimate judicial engagement and judicial overreach in constitutional interpretation.

Scholarly examination of equal protection law and procedural justice across different legal systems and jurisdictions.

Product Specifications

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

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