Overview
- Addresses judicial activism in both American and European Courts
- Offers new conceptual tools and approaches
- Features high profile authors from both sides of the Atlantic
- Includes supplementary material: sn.pub/extras
Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 44)
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Table of contents (14 chapters)
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Front Matter
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Judicial Activism, Legal Reasoning and the Concept of Law
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Front Matter
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Judicial Activism in Perspective
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Front Matter
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Judicial Activism in Context
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Front Matter
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Keywords
- American Supreme Court
- Comparative Judicial Politics
- Constitutional Justice
- Contextual nature of proportionality
- European Court of Justice
- European Court of Justice and the limits to judicial activism
- European Union and in the context of a constitutional state
- European macroeconomic constitution
- European tradition of Constitutional Justice
- Judicial Activism
- Judicial Activism and Democracy
- Judicial activism and institutional constraints
- Judicial activism and legal theory
- Judicial activism in its pejorative and non-pejorative senses
- Judicial activism within the theory of judicial behavior
- Judicial activism, judicial independence, and judicial hubris
- Judicial decision-making and epistemic discretion
- Passivism as a judicial virtue
- Structure of the legal system
About this book
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.
Editors and Affiliations
Bibliographic Information
Book Title: Judicial Activism
Book Subtitle: An Interdisciplinary Approach to the American and European Experiences
Editors: Luís Pereira Coutinho, Massimo La Torre, Steven D. Smith
Series Title: Ius Gentium: Comparative Perspectives on Law and Justice
DOI: https://doi.org/10.1007/978-3-319-18549-1
Publisher: Springer Cham
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2015
Hardcover ISBN: 978-3-319-18548-4Published: 09 June 2015
Softcover ISBN: 978-3-319-36514-5Published: 09 October 2016
eBook ISBN: 978-3-319-18549-1Published: 26 May 2015
Series ISSN: 1534-6781
Series E-ISSN: 2214-9902
Edition Number: 1
Number of Pages: XIV, 206
Topics: Private International Law, International & Foreign Law, Comparative Law, Constitutional Law, European Law