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Judicial Activism and the Democratic Rule of Law - Selected Case Studies (Paperback, 1st ed. 2020)
Loot Price: R3,988
Discovery Miles 39 880
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Judicial Activism and the Democratic Rule of Law - Selected Case Studies (Paperback, 1st ed. 2020)
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Total price: R4,008
Discovery Miles: 40 080
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In this book the author argues that judicial activism in respect of
the protection of human rights and dignity and the right to due
process is an essential element of the democratic rule of law in a
constitutional democracy as opposed to being 'judicial overreach'.
Selected recent case law is explored from the US and Canadian
Supreme Courts as well as the European Court of Human Rights
illustrating that these Courts have, at times, engaged in judicial
activism in the service of providing equal protection of the law
and due process to the powerless but have, on other occasions,
employed legalistic but insupportable strategies to sidestep that
obligation.The book will be of interest to those with a deep
concern regarding the factors that influence judicial
decision-making and the judiciary's role through judgments in
promoting and preserving the underpinnings of democracy. This
includes legal researchers, the judiciary, practicing counsel and
legal academics and law students as well as those in the area of
democracy studies, in addition to scholars in the fields of
sociology and philosophy of law.
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