TY - BOOK ID - 64866059 TI - Judicial Activism and the Democratic Rule of Law : Selected Case Studies PY - 2020 SN - 3030350851 3030350843 PB - Cham : Springer International Publishing : Imprint: Springer, DB - UniCat KW - Political questions and judicial power. KW - Judicial activism KW - Judicial power and political questions KW - Act of state KW - Administrative discretion KW - Judicial review KW - Jurisdiction KW - Law KW - Rule of law KW - Separation of powers KW - Political aspects KW - Human rights. KW - Democracy. KW - Law—Philosophy. KW - Law. KW - Human Rights. KW - Theories of Law, Philosophy of Law, Legal History. KW - Acts, Legislative KW - Enactments, Legislative KW - Laws (Statutes) KW - Legislative acts KW - Legislative enactments KW - Jurisprudence KW - Legislation KW - Self-government KW - Political science KW - Equality KW - Representative government and representation KW - Republics KW - Basic rights KW - Civil rights (International law) KW - Human rights KW - Rights, Human KW - Rights of man KW - Human security KW - Transitional justice KW - Truth commissions KW - Law and legislation UR - https://www.unicat.be/uniCat?func=search&query=sysid:64866059 AB - 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. ER -