Judicial Activism: An Interdisciplinary Approach to the American and European Experiences

Law › Comparative Law › European Union Law

Judicial Activism: An Interdisciplinary Approach to the American and European Experiences

Edited by Luis Pereira Coutinho · Massimo La Torre · Steven Smith
Springer-Verlag June 2015

Specifications

ISBN-13
9783319185484
Publisher
Springer-Verlag
Publication
June 2015
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.

Table of Contents

Introduction

Section I Judicial Activism, Legal Reasoning And The Concept Of Law
Between Nightmare and Noble Dream: Judicial Activism and Legal Theory
Massimo La Torre
Judicial Activism: Clearing the Air and the Head
Lawrence Alexander
Judicial Activism and "Reason"
Steven D. Smith
Judicial Activism and Fidelity to Law
Goncalo de Almeida Ribeiro
Adjudication as Grammatication: The Case of French Judicial Politics
Pierre Legrand

Section II Judicial Activism in Perspective
The Activist Judge - Vanity of Vanities
James Allan
Schmitt's Spectre and Kelsen's Promise: The Polemics on the Guardian of the Constitution
Miguel Nogueira de Brito
Theories of Judicial Behavior and the Law: Taking Stock and Looking Ahead
Tiago Fidalgo de Freitas
The Passive Sovereignty of the Constitutional Judge: A State Theory Approach
Luis Pereira Coutinho

Section III Judicial Activism in Context
The Contextual Nature of Proportionality and its Relation with the Intensity of Judicial Review
Jorge Silva Sampaio
Politics and the Judiciary: A Naive Step Towards the End of Judicial Policy-Making
Maria Benedita Urbano.-The Judicial Activism of the European Court of Justice
Lourenco Vilhena de FreitasCourts and European Integration
Francisco Pereira Coutinho
Judicial Activism, Judicial Independence and Judicial Hubris: The Case of International Courts
Maimon Schwarzschild

List of Authors.
HKD 1,196.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Comparative Law

View all
Outsourcing Rulemaking Powers: Constitutional limits and national safeguards
Oxford University Press

Outsourcing Rulemaking Powers: Constitutional limits and national safeguards

Cedric Jenart
HKD 1,387.10
Charting the Divide Between Common and Civil Law
Oxford University Press USA

Charting the Divide Between Common and Civil Law

Thomas Lundmark
HKD 1,607.78
Comparative Company Law
Oxford University Press

Comparative Company Law

Carsten Gerner-Beuerle; Michael Anderson Schillig
HKD 2,931.83
Referendum Authorization Procedures in Europe: A Comparative Analysis
Edward Elgar Publishing

Referendum Authorization Procedures in Europe: A Comparative Analysis

Anna Forgács
HKD 1,311.44
Tribal Constitutionalism
Oxford University Press

Tribal Constitutionalism

Kirsty Gover
HKD 1,450.15
The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings A Comparative View
Springer-Verlag

The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings A Comparative View

Lorena Bachmaier Winter; Stephen C. Thaman; Veronica Lynn
HKD 1,861.00