Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
Results
Showing 1 to 11 of 11 for “"Judicial activism"”.
-
Judicial activism in South Afica's Constitutional Court : minority protection or judicial illegitimacy?
This study examines the effect of judicial protection of minority rights on the Constitutional Court’s legitimacy. The framing of the Marriage Act shows that Parliament intended marriage to be between a man and a woman. By nullifying section 30(1) of the Act and making the order above, the Court …
-
Revisiting Judicial Activism. Pros and Cons of Judicial Lawmaking in the EU Legal Order
As the title implies, this thesis examines the judicial activism of the Court of Justice, and its part in shaping the European rule of law. It is specifically focused on certain key principles created through the Court’s jurisprudence during the Union’s foundational period (1958-1975), such as the …
-
Judicial activism in the UK and Ireland, with particular reference to Apex Courts and human rights
… they represent a body of work on the topic of judicial activism within the United Kingdom and Ireland, particularly in the field of human rights. I define judicial activism as an approach to adjudication which seeks to locate the particular decision in the context of a wider legal framework, …
-
O ativismo judicial como fenômeno negativo ao estado democrático de direito brasileiro
This work aims to analyze the phenomenon of judicial activism and how it is harmful to the Brazilian Democratic State of Law. Its hypothesis is the thesis that judicial activism is a political behavior that flows into the Law and strikes against the requirements and mechanisms of a democracy. The …
-
Ways of reading the constitution
… to reading the Constitution and the approach of judicial activism. Drawing from literary theory, this thesis outlines Stanley Fish and Robert Scholes’ approaches to reading. Fish, like judicial activists, subordinates the text to the reader. Scholes, like Crosskey, argument for textual primacy. …
-
Public School Desegregation in Virginia from 1954 to the Present
… wisdom and effectivemess of the Warren Court's judicial activism. My major objective was to trace the tortuous path of the school cases in one southern state in order to determine the most significant forces in slowing or advancing the implementation of the Brown decision. In addition to …
-
Fractured identities and fragments of power: the influence of the European Union on the Italian judicial system as seen through the lens of the struggle for rights on behalf of same-sex couples
… of the stimulus of the EU on the national judicial system and evidence a burgeoning judicial activism. Such activism occurs at the expense of national politics in Italy and this is therefore a story about compromised sovereignty and the judicialization of politics, but it is also about …
-
Entre a palavra, a cruz e a espada: tessitura discursiva de homotransfobia parlamentar em uma audiência pública na Câmara dos Deputados
… the Democratic Rule of Law through the attack on judicial activism in favor of LGBTQIAPN+ political agendas; and (vii) political violence against the dignity of the human person through the parliamentary call for a gay cure. Subtypes of this parliamentary homotransphobia occur at the event, such …
-
The administration of customary law estates post the enactment of the reform of customary law of succession act: a case study from rural Eastern Cape, South Africa
After years of deliberation and judicial activism, the South African legislature in September 2010 brought into force the Reform of Customary law of Succession and Regulation of Related Matters Act 11 of 2009 (the Reform Act). The Act regulates the devolution of property of individuals who live …
-
The Hermeneutical Reality of Constitutional Law: Understanding the Legality of Constitutional Adjudication
… Constitutional norms, legal reasoning and judicial interpretation may be visible on the surface, but they are to be explained away by appeal to supposedly more fundamental political forces. An important constitutional theoretical question arises at this point: Between the legal and the …
-
Vindicating indigenous peoples' land rights in Kenya
… including the Constitution, legislation, and judicial decisions. In arguing thus, this thesis contradicts the common assumption, shared by numerous African states, that satisfying indigenous peoples’ claims requires a special legal framework. This assumption is all too often used to deny …