LEADER 03449nam 22005775 450 001 9910377838403321 005 20200630002151.0 010 $a3-030-35085-1 024 7 $a10.1007/978-3-030-35085-7 035 $a(CKB)4100000010348249 035 $a(MiAaPQ)EBC6111242 035 $a(DE-He213)978-3-030-35085-7 035 $a(PPN)242981569 035 $a(EXLCZ)994100000010348249 100 $a20200217d2020 u| 0 101 0 $aeng 135 $aurcnu|||||||| 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 10$aJudicial Activism and the Democratic Rule of Law $eSelected Case Studies /$fby Sonja C. Grover 205 $a1st ed. 2020. 210 1$aCham :$cSpringer International Publishing :$cImprint: Springer,$d2020. 215 $a1 online resource (283 pages) 311 $a3-030-35084-3 327 $aJudicial Activism and Its Intersection with Democratic Rule of Law -- The Supreme Court of the United States and Judicial Activism in the Trump Era -- Judicial Activism in Selected Cases Decided by the Supreme Court of Canada -- Judicial Activism, the "Living Instrument" Doctrine and the European Court of Human Rights -- "Principled Judicial Activism" in Defense of Our Common Humanity -- Concluding Comment. 330 $aIn 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. 606 $aHuman rights 606 $aDemocracy 606 $aLaw?Philosophy 606 $aLaw 606 $aHuman Rights$3https://scigraph.springernature.com/ontologies/product-market-codes/R19020 606 $aDemocracy$3https://scigraph.springernature.com/ontologies/product-market-codes/911050 606 $aTheories of Law, Philosophy of Law, Legal History$3https://scigraph.springernature.com/ontologies/product-market-codes/R11011 615 0$aHuman rights. 615 0$aDemocracy. 615 0$aLaw?Philosophy. 615 0$aLaw. 615 14$aHuman Rights. 615 24$aDemocracy. 615 24$aTheories of Law, Philosophy of Law, Legal History. 676 $a340.11 676 $a347.012 700 $aGrover$b Sonja C$4aut$4http://id.loc.gov/vocabulary/relators/aut$0788559 801 0$bMiAaPQ 801 1$bMiAaPQ 801 2$bMiAaPQ 906 $aBOOK 912 $a9910377838403321 996 $aJudicial Activism and the Democratic Rule of Law$91757958 997 $aUNINA