JUDICIAL ACTIVISM by Luis Pereira Coutinho (Editor), Steven D. Smith (Editor) ( 9783319365145 )

Item Details

Title:

JUDICIAL ACTIVISM
AN INTERDISCIPLINARY APPROACH TO THE AMERICAN AND EUROPEAN EXPERIENCES

By:

Luis Pereira Coutinho (Editor), Steven D. Smith (Editor)

Format:

Paperback

List price:	£90.00
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ISBN 10:

3319365142

ISBN 13:

9783319365145

Publisher:

SPRINGER INTERNATIONAL PUBLISHING AG

Pub. date:

9 October, 2016

Edition:

Softcover reprint of the original 1st ed. 2015

Series:

Ius Gentium: Comparative Perspectives on Law and Justice 44

Pages:

206

Synopsis:

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.

Illustrations:

XIV, 206 p.

Publication:

Switzerland

Imprint:

Springer International Publishing AG

Returns:

Returnable

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