Judicial Activism and the Democratic Rule of Law: Selected Case Studies

✍ Scribed by Sonja C Grover

• Tongue: English
• Leaves: 283
• Category: Library

✦ Synopsis

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.

✦ Table of Contents

Acknowledgements
Contents
Chapter 1: Judicial Activism and Its Intersection with Democratic Rule of Law
1.1 Introduction: On the Notion of Judicial Activism
1.2 Case 1: Québec Inc. c Directeur des poursuites criminelles et pénales, 2019 QCCA 373 (Quebec Inc. v. Director of Criminal ...
1.2.1 Appropriating the Judicial Activism of the Left to Imbue a Corporation with Dignity
1.2.2 Analysis of Quebec Inc. with Reference to Forms of Judicial Activism
1.2.3 Additional Comments on Quebec Inc. v. Director of Criminal and Penal Prosecutions
1.3 Case 2: Vavilov v Canada (Minister of Citizenship and Immigration), 2017 FCA 132 (Federal Court of Appeal of Canada), SCC ...
1.3.1 Textualism and Human Rights Issues in the Vavilov Case
1.3.2 Principled Judicial Activism´ in Defense of Human Rights and the Democratic Rule of Law 1.3.3 Judicial Activism in Defense of the Vulnerable References Literature Materials Cases Chapter 2: The Supreme Court of the United States and Judicial Activism in the Trump Era 2.1 Introduction 2.2 Case 1: Rucho et al. v. Common Cause et al. No. 18-422. Argued March 26, 2019-Decided June 27, 2019 (United States Supreme... 2.3 Case 2: Kristina Box, Commissioner, Indiana Department of Health, et al. v. Planned Parenthood of Indiana and Kentucky, In... 2.4 Case 3: Garza (Guardian ad litem for J.D.) v. Hargan (Acting Secretary of Health and Human Services) et al. 874 F.3d 735 (... 2.5 The Supreme Court of the United States Holding in Kristina Box, Commissioner, Indiana Department of Health, et al. v. Plan... 2.6 Case 4: Gamble v United States No. 17-646. Argued December 6, 2018-Decided June 17, 2019 (United States Supreme Court, 201... 2.7 Case 5: American Legion v. American Humanist Association, No. 17-1717 (Decided 20 June, 2019) (United States Supreme Court... 2.8 Case 6: Wisconsin v. Yoder, 406 U. S. 205 (1972) (United States Supreme Court) (A Judicial Dissent Asserting Children´s Au... References Literature Materials Cases Chapter 3: Judicial Activism in Selected Cases Decided by the Supreme Court of Canada 3.1 Introduction 3.2 Case 1: Gillian Frank and Jamie Duong v Attorney General of Canada [Frank v Canada] 2019 SCC 1 Decided 11 January, 2019 (S... 3.3 Case 2: Fitzgerald (Next Friend) v Alberta A.J. No. 1544, 2002 ABQB 1086; (2004) A.J. No. 570, 2004 ABCA 184 (Court of App... 3.4 Case 3: Canadian Foundation for Children, Youth and the Law v Attorney General (Canada) 2004 1 SCC 76 (Supreme Court of Ca... 3.4.1 The Canadian Charter s. 7Security of the Person´ Issue in Canadian Foundation
3.4.2 The Canadian Charter s. 15 Equality Under the Law´ andEqual Benefit of the Law´ Issue in Canadian Foundation
3.4.3 The s. 12 Charter Protection Against Cruel and Unusual Treatment or Punishment Issue in Canadian Foundation
References
Literature
Materials
Cases
Chapter 4: Judicial Activism, the Living Instrument´ Doctrine and the European Court of Human Rights 4.1 Introduction 4.2 Case 1: Case of Golder v. The United Kingdom (Application No. 4451/70) Judgement 21 February, 1975 (European Court of Huma... 4.3 Case 2: Volodina v Russia (Application No. 41261/17) Judgment 9 July, 2019 (European Court of Human Rights) (On the Questi... 4.4 Case 3: X v The Former Yugoslav Republic of Macedonia (Application No. 29683/16) Judgement 17 January, 2019 (European Cour... References Literature Materials Cases Chapter 5:Principled Judicial Activism´ in Defense of Our Common Humanity
5.1 Introduction
5.2 Case 1: Nevsun Resources Ltd. v. Gize Yebeyo Araya, et al. SCC, Docket 37919, Judgment Pending (Supreme Court of Canada, J...
5.3 Case 2: Jesner et al. v Arab Bank PLC (Supreme Court of the United States) Judgement 24 April, 2018, 138 S. Ct. 1386 (2018...
References
Literature
Materials
Cases
Chapter 6: Concluding Comment
References
Literature
Materials
Cases
Index