Studies in commercial law and judicial activism

by Singh, Amar.

Publisher: Deep & Deep Publications in New Delhi

Written in English
Published: Pages: 219 Downloads: 815
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  • India.


  • Commercial law -- India,
  • Judicial review -- India

Edition Notes

StatementAmar Singh ; foreword by Ram Lal Thakur.
LC ClassificationsLAW
The Physical Object
Pagination219 p. ;
Number of Pages219
ID Numbers
Open LibraryOL2165484M
ISBN 108171000835
LC Control Number88902668

  YESTERDAY, ON J , the Supreme Court of the United States in National Federation of Independent Business us upheld, by a margin of 5 votes to 4, most of the provisions of. Critical legal studies (CLS) is a school of critical theory that first emerged as a movement in the United States during the s. Critical Legal Studies adherents claim that laws are used to maintain the status quo of society's power structures; it is also held that the law is a codified form of society's biases against marginalized groups. Despite wide variation in the opinions of . Judicial Activism Seminar. Courts – especially the Supreme Court – are under attack from all sides of the political spectrum for being too “activist.” This seminar will explore that charge: what is judicial activism, how can we measure it, what, if anything, is wrong with it, and how can we fix the problem (if there is a problem)? Measuring Judicial Activism supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. Complaints about activist Court decisions are common within contemporary political discourse, but these objections often have little substantive meaning beyond the speaker's disagreement with particular case outcomes.

To assess judicial activism empirically, this chapter looks more explicitly at the potential for dimensions of judicial activism to be identified and measured. Because the exercise of judicial review is so important to the debate over activist judging, the chapter begins its analysis by identifying the justices' willingness to strike state and federal legislation as a critical element to . IN DEFENSE OF JUDICIAL ACTIVISM. LUTHER M. SWYGERT*t. Judicial activism traditionally uses the principles built into the Constitution and statutory law to foster the ends of social justice. The term connotes a liberal approach so as to read into legal norms the essence of due process and equal protection under the law. Judicial Activism Law and Legal Definition Judicial activism is the view that the Supreme Court and other judges can and should creatively (re)interpret the texts of the Constitution and the laws in order to serve the judges' own visions regarding the needs of contemporary society. ] Judicial Activism in the European Court of Justice common interest”—even against the wishes of the national governments.9 By consequence, legal scholars tend to give center stage to the relationship between the ECJ and national (ordinary, supreme, and constitutional)Cited by: 6.

‘JUDICIAL ACTIVISM UNDER THE INDIAN CONSTITUTION’ Address by Hon’ble Mr. K.G. Balakrishnan, Chief Justice of India (Trinity College Dublin, Ireland – Octo ) Ladies and Gentlemen: I am indeed very grateful for the opportunity to speak about the evolution of judicial activism in the Indian legal system. Before I touch onFile Size: 71KB. Judicial Activism VS Judicial Restraint •Judicial activism is the interpretation of constitution to advocate contemporary values and conditions. Judicial restraint is limiting the powers of the judges to strike down a law. •Judicial restraint helps in preserving a balance among the three branches of governmentFile Size: KB.   It will enrich any law school course and can serve as a text for a course on women and the law, gender and law, feminist jurisprudence, or women’s studies. This volume utilizes subject areas common to many women and law casebooks: history, constitutional law, reproductive freedom, the workplace, the family, and women in the legal profession. This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's .

Studies in commercial law and judicial activism by Singh, Amar. Download PDF EPUB FB2

Get this from a library. Studies in commercial law and judicial activism. [Amar Singh]. Jurisprudence; Studies in commercial law and judicial activism book Activism: Mr.

Justice Michael Moriarty: Book Review: McCutcheon and Walsh, "The Confiscation of Criminal Assets: Law and Procedure" () 1(1) JSIJ Criminal Assets; Criminal Assets Bureau: Mr. Justice Roderick Murphy: Book Review: Wood "The High Court: A User's Guide" () 1(1) JSIJ High Court.

It assesses the impact of the EU Reform Treaty on judicial protection and covers, among other topics, Union competence, direct effect, preliminary references, locus standi for individuals, a statistical analysis of judicial review and judicial activism.

It seeks to combine a close analysis of the case law with a wider law in context approach. A Conservative Case for Judicial Activism By Bryden, David P The Public Interest, No.

Spring Read preview Overview The Constitution and the Courts: A Question of Legitimacy By Buckley, James L Harvard Journal of Law & Public Policy, Vol. 24, No. 1, Fall Judicial activism can best be described as rulings that are guided by the personal decisions or political interests of the individual judge.

For example, instead of strictly applying the law, the. Law scholars explore a number of issues in interactions between the law and the rest of society. Studies in commercial law and judicial activism book They cover commercial leases and family reality in Charles Reznikoff's Family Chronicles; condo crimes and legal prospects for confronting the unusual suspects; the nursery years of "judicial activism:" from a historian's shorthand to media catchphrase; teenage pregnancy, parenting, Author: Austin Sarat.

The environmental law decisions of the United States Supreme Court illustrate the opportunities for, and implications of, the exercise of judicial activism and restraint in the regulatory context.

Charles R. Epp, in International Encyclopedia of the Social & Behavioral Sciences (Second Edition), Supreme courts are courts of final appeal within national judicial systems. Civil-law countries have, effectively, three (or more) separate court systems covering different areas of the law; there are separate institutions at the head of each, of which only the supreme civil court is.

Judicial Activism is based on the concept that the judges, especially of the appellate court, must alter the existing rules or principles which according to them are faulty.

This shall require that the judges should be given freedom from the existing high authorities. The main aim of altering is to. greater judicial surveillance of science via stricter rules for the admissi- Science Studies and Activism Citations () References () New York, ) book, and its intellectual.

A Summary of Why We Need More Judicial Activism. By Suzanna Sherry, Herman O. Loewenstein Professor of Law In this piece, Suzanna Sherry summarizes her essay, “Why We Need More Judicial Activism.” The full version of the essay will appear in a collection Sherry has co-edited with Giorgi Areshidze and Paul Carrese to be released in by SUNY Press.

Complaints about activism have arisen in most countries where courts exercise significant judicial review, particularly within common-law systems (e.g., at the federal levels in Australia, Canada, and India). Although in the U.S. context allegations of activism have been raised more recently by conservatives than liberals, such charges can be deployed by both sides, and the primary.

By Bhavani Kumar, SLS Pune. Editor’s Note: Black’s Law Dictionary defines judicial activism as the doctrine where “judges allow their personal views about public policy, among other factors, to guide their decisions.” The concept of judicial activism is unique to common law countries as it is an extension of the common law mandate of judge made law.

actual commercial and practical consequences of a judicial decision or of an academic’s view. An oft quoted remark contrasting the judge with the academic is to be found in Sir Robert Megarry’s judgment in the Cordell case7, when he reached a judicial conclusion which was the opposite to that he had expressed in his book.

Judicial activism refers to Judicial philosophy that posits that the courts should go beyond the words of the constitution or a statute to consider broader societal implications of its decisions.

It is sometimes used as an antonym of judicial restraint. The definition of judicial activism and the specific decisions that are activist are controversial political issues.

Jurisprudence or legal theory is the theoretical study of rs of jurisprudence seek to explain the nature of law in its most general form and provide a deeper understanding of legal reasoning, legal systems, legal institutions, and the role of law in society.

Modern jurisprudence began in the 18th century and was focused on the first principles of natural law, civil law, and. Which is an example of judicial activism.

A) A judge reviews laws and studies the Constitution. B) A judge hears a case brought up from a lower court. C) A judge strikes down a law that she does not agree with.

D) A judge strikes down a law that violates the Constitution. 6 Judicial Activism in India Chief Justice P.N. Bhagwati Last fall the Law School was honored by a visit (rom Indian Chiefjustice Praiullachand Natwarlal Bhagwati. Justice Bhagwati came as the guest of Prof Marc Galanter, himself an expert on Indian law and a consultant to the Indian government in the Bhopal disaster.

Bhagwati is the 17th chief justice. This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice.

Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors – from access rules to institutional design and to substantive functions – influencing the European Court’s political role. The Supreme Court of India (Hindi: भारत का सर्वोच्च न्यायालय) is the highest judicial forum and the final court of appeal of India, established under Constitution of India, according to which the Supreme Court is the highest constitutional court and acts as the guardian of has an integrated and yet independent on: Tilak Marg, New Delhi, India, Bharati Law Review, Jan.

– March, 5 locus standi and given the birth to the Public interest litigation in India. The shift from locus standi to public interest litigation made the judicial process “more participatory and democratic.”14 S.P. Sathe says: “The traditional paradigm of judicial process meant forFile Size: KB.

This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed.

Today, judicial activism is often shorthand and a “dirty” phrase for a person’s view of a judicial ruling that does not align with his or her worldview. It is the dissenting opinion, writ large – Fox News versus MSNBC, Drudge Report versus Daily Kos. A less cynical view is that judicial activism describes an inherent tension in the judicial.

Judicial activism and judicial restraint are two different theories of what role the judicial system should have in the United States.

The judicial system is the system of law through which the. It assesses the impact of the EU Reform Treaty on judicial protection and covers, among other topics, Union competence, direct effect, preliminary references, locus standi for individuals, a statistical analysis of judicial review and judicial activism.

It seeks to combine a close analysis of the case law with a wider law in context : Takis Tridimas. To what extent is the judicial activism of the European Court of Justice justified. There are two broad camps. One school of thought argues that the law should develop outwith the arena of politics and the prevailing socio-economic context so as to preserve the integrity of legal principle in perpetuity.

[16]. This chapter explores the contours of a judicial philosophy that depends entirely on a municipal law concept to establish something as fundamental as State responsibility for an internationally wrongful act.

It considers three separate opinions: pil platforms, armed activities in the Congo, and the Kosovo Declaration of Independence. The analysis suggests that the core of what we call. Judicial activism is therefore not in the eye of the beholder. In applying the law as it is written, judges may reach conclusions that are (or may be perceived to be) bad policy but are.

This entry about Judicial Activism has been published under the terms of the Creative Commons Attribution (CC BY ) licence, which permits unrestricted use and reproduction, provided the author or authors of the Judicial Activism entry and the Encyclopedia of Law are in each case credited as the source of the Judicial Activism entry.

Valparaiso University Law Review Volume 23 Number 1 Fall pp Fall Making Law: The Case for Judicial Activism Peter Irons Follow this and additional works at: Part of the Law Commons Recommended Citation Peter Irons, Making Law: The Case for Judicial Activism, 23 Val.

Rev. 35 ().Author: Peter Irons. Abstract. Claims of judicial activism are common, from both the right and the left, but they are seldom scrutinized closely. Prior tests of judicial activism have involved simply counting the number of cases in which justices vote to invalidate by:   Judicial Activism: The Good, the Bad, and the Ugly.

Mississippi College Law Review, Vol. 21, p.judicial activism, judicial restraint, judicial review, federal courts, state courts, University of Pittsburgh School of Law Legal Studies Research Paper by: 1.supreme law of the country, the fountain source of law in India. It came into effect on 26 January and is the world’s longest written constitution.

It not only laid the framework of Indian judicial system, but has also laid out the powers, duties, procedures and structure of the various branches of the Government at the Union and State File Size: KB.