Judicial activism and the democratic rule of law : selected case studies / Sonja C. Grover.

Judicial activism and the democratic rule of law : selected case studies / Sonja C. Grover.

Title from PDF of title page (viewed, Jan. 21, 2021)

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.

Springer,

SpringerLink (Online service)

https://link.springer.com/book/10.1007/978-3-030-35085-7

1 online resource (xii, 276 p.)

eng

a

Publisher's Web site. Access restricted to the University of Catania community.

10.1007/978-3-030-35085-7 doi

9783030350840 (print)

9783030350857 (electronic bk.)

3030350851 (electronic bk.)

9783030350840 (print)