Logged out
Access All our Essays in an Instant
Swap your work for FREE access, or pay £4.99 for instant access
Explain what is meant by Judicial Activism. Was activism on part of the ECJ ever justified and is it a feature of the ECJ's current jurisprudence? Use relevant case law to illustrate your answer.
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
Page Preview
On the left is an image preview of every page of this document, and below are the first 150 words with formatting removed:
Joanna Botley Explain what is meant by Judicial Activism. Was activism on part of the ECJ ever justified and is it a feature of the ECJ's current jurisprudence? Use relevant case law to illustrate your answer. There is no clear or accurate definition of 'judicial activism' Therefore a sensible, if little inaccurate, definition of the term could be 'as the judges going beyond their powers when interpreting legislation, often treaties'. It often takes place in three situations, (1) When the court is explicitly given policy discretion to the treaty. (2) When it 'fills' gaps. (3) When it engages in policy decision-making, which in some sense strikes against the clear language of the treaty. These consequences usually arise when there is an inability or unwillingness to act on the part of the legislative. There has been much discussion as to whether 'activism' is justifiable and more specifically there has been much concern regarding the subject...
Get instant access
- Instant, unlimited access to our documents in full
- Swap your work for free access, or pay £4.99
- To see the full version of this document and 149,430 others
