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Full-Text Articles in Law
Junior Bar Law Review 1 (2010), 21-40 Judicial Activism Revisited: Reflecting On The Role Of Judges In Enforcing Economic, Social And Cultural Rights, Gehan D. Gunatilleke Mr.
Gehan D Gunatilleke Mr.
Following the conclusion of military operations in Sri Lanka in 2009, the issue of economic development and distributive justice appears to have remerged on the country’s agenda. Within this post-conflict context, the judiciary in Sri Lanka is confronted with a major challenge in terms of defining its proper role in the promotion of Economic Social and Cultural (“ESC”) rights. The precise extent to which judges should be ‘activist’ in promoting these rights should be contrasted with the level of activism required of judges in the sphere of civil and political rights. Advocating ESC rights in Sri Lanka simply cannot ...
No Good Deed Goes Unpublished: Precedent-Stripping And The Need For A New Prophylactic Rule, Edward Cantu
This paper addresses the “open secret” that federal appellate courts often strip their opinions of precedential value as a means to forgo fair, principled and/or thorough adjudication of issues raised in appeals. Is there a basis in contemporary constitutional doctrine for a presumption that appellants suffer constitutional injury when courts dispose of their appeals using non-precedential opinions? The author answers “yes.” The argument centers on case law establishing so-called “constitutional prophylactic rules,” which work to “overprotect” a given core right—that is, to create a presumption of constitutional injury without proof of it—when such is the only effective ...