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A Cautionary Tale: Some Insights Regarding Judicial Activism From The National Experience, Maartje De Visser
A Cautionary Tale: Some Insights Regarding Judicial Activism From The National Experience, Maartje De Visser
Research Collection Yong Pung How School Of Law
Courts, whether national or European, are sometimes subject to charges of judicial activism. Adopting a comparative perspective, this contribution charts the ways in which constitutional courts in the Member States have sought to mitigate or pre-empt charges of activism. The primary purpose is to identify attractive solutions or lessons the ECJ may draw from dealing with this perception of judicial activism. It is important at the outset to be clear about what is meant by ‘judicial activism’. Judicial activism is often used as a slogan to communicate dislike or disagreement with a particular judgment or line of case law. While …