Judicial Activism in Common Law Supreme Courts

Hardcover | December 19, 2007

EditorBrice Dickson

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This book examines the way in which judges in the top courts of ten different common law countries go about developing the law by devising new principles to allow themselves to be innovative and justice-oriented, and to ensure that human rights are universally protected. The book surveys the decisions of these top courts over the last fifteen years or so to determine how 'judicially active' they have been. It seeks to compare and contrast the different experiences and to identify those principles in accordance with which the various courts decide to develop the law.How do they interpret legislation? What use do they make of standards derived from other countries or from international law? How willing are they to make law in areas which are traditionally the preserve of elected politicians? The contributors are all experts in their own jurisdictions and have already published widely in the field of judicial activism. The jurisdictions covered include Australia, Canada, India, Ireland, Israel, New Zealand, South Africa, the United Kingdom and the United States. Of particular interest isthe chapter on the new Supreme Court for the United Kingdom, which is due to come into existence in 2009, and which should draw upon the lessons which have been learned in other countries as regards the processing and deciding of appeals, and cross-pollenation of ideas from otherjurisdictions.

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This book examines the way in which judges in the top courts of ten different common law countries go about developing the law by devising new principles to allow themselves to be innovative and justice-oriented, and to ensure that human rights are universally protected. The book surveys the decisions of these top courts over the last ...

Brice Dickson is currently the Professor of International and Comparative Law at Queen's University Belfast. He previously served for six years as the Chief Commissioner of Northern Ireland's Human rights Commission, a key institution tasked by the Good Friday Agreement of 1998 with promoting and protecting the human rights of everyon...

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Format:HardcoverDimensions:500 pages, 9.21 × 6.14 × 1.26 inPublished:December 19, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199213291

ISBN - 13:9780199213290

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Table of Contents

1. Brice Dickson: Introduction2. Brice Dickson: Judicial activism in the UKs House of Lords3. Fiona Wheeler and John Williams: Judicial activism in the High Court of Australia4. Kent Roach: Judicial activism in the Supreme Court of Canada5. Venkat Iyer: Judicial activism in the Supreme Court of India6. William Binchy: Judicial activism in the Supreme Court of Ireland7. Bruce Harris: Judicial activism in the Supreme Court of New Zealand8. Hugh Corder: Judicial activism in the top courts of South Africa9. Mark Tushnet: Judicial activism in the Supreme Court of the United States10. Eli Salzberger: Judicial activism in the Supreme Court of Israel11. Brice Dickson: Conclusions