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Title Judicial activism : an interdisciplinary approach to the American and European experiences / Luís Pereira Coutinho, Massimo La Torre, Steven D. Smith, editors.

Published Cham, Switzerland : Springer, [2015]


Location Call No. Status
Physical description 1 online resource.
Series Ius Gentium ; volume 44
Ius gentium (Dordrecht, Netherlands) ; volume 44.
Springer English/International eBooks 2015 - Full Set
Bibliography Includes bibliographical references.
Summary 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.
Other author Coutinho, Luis Pedro Pereira, editor.
La Torre, Massimo, editor.
Smith, Steven D., editor.
SpringerLink issuing body.
Subject Political questions and judicial power -- United States.
Political questions and judicial power -- Europe.
Electronic books.
ISBN 9783319185491
3319185489 (print)
9783319185484 (print)
Standard Number 10.1007/978-3-319-18549-1