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Judicial Activism and the Democratic Rule of Law

Selected Case Studies

  • Book
  • © 2020

Overview

Authors:
  1. Sonja C. Grover

    1. Faculty of Education, Lakehead University, Thunder Bay, Canada

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  • Discusses judicial activism on the left and the right
  • Argues that judicial activism in respect of the protection of human rights and due process is an essential feature of the democratic rule of law
  • Discusses selected contemporary US Supreme Court, Canadian Supreme Court and European Court of Human Rights cases illustrating judicial activism

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Table of contents (6 chapters)

  1. Front Matter

    Pages i-xii
    Download chapter PDF

  2. Judicial Activism and Its Intersection with Democratic Rule of Law

    • Sonja C. Grover
    Pages 1-49

  3. The Supreme Court of the United States and Judicial Activism in the Trump Era

    • Sonja C. Grover
    Pages 51-124

  4. Judicial Activism in Selected Cases Decided by the Supreme Court of Canada

    • Sonja C. Grover
    Pages 125-190

  5. Judicial Activism, the ‘Living Instrument’ Doctrine and the European Court of Human Rights

    • Sonja C. Grover
    Pages 191-231

  6. ‘Principled Judicial Activism’ in Defense of Our Common Humanity

    • Sonja C. Grover
    Pages 233-262

  7. Concluding Comment

    • Sonja C. Grover
    Pages 263-269

  8. Back Matter

    Pages 271-276
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Keywords

About this book

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.

Authors and Affiliations

  • Faculty of Education, Lakehead University, Thunder Bay, Canada

    Sonja C. Grover

Bibliographic Information

  • Book Title: Judicial Activism and the Democratic Rule of Law

  • Book Subtitle: Selected Case Studies

  • Authors: Sonja C. Grover

  • DOI: https://doi.org/10.1007/978-3-030-35085-7

  • Publisher: Springer Cham

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: Springer Nature Switzerland AG 2020

  • Hardcover ISBN: 978-3-030-35084-0Published: 18 February 2020

  • Softcover ISBN: 978-3-030-35087-1Published: 18 February 2021

  • eBook ISBN: 978-3-030-35085-7Published: 17 February 2020

  • Edition Number: 1

  • Number of Pages: XII, 276

  • Number of Illustrations: 1 b/w illustrations

  • Topics: Human Rights, Democracy, Theories of Law, Philosophy of Law, Legal History

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