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 the 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:
Explain what is meant by judicial activism. Was activism on the 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. "Judicial agencies have a peculiar power to enlist obedience and impose control, essentially . . . because they meet a deeply felt and constant need for trustworthy neutrals."1 This quote is an appropriate starting point for a discussion on judicial activism. It may explain why in many parts of the world today courts are becoming more important political actors, making more important policy decisions as they gain more power and respect.2 In the words of Lord Diplock: "courts by the very nature of their function are compelled to act as legislators."3 Tate and Vallinder refer to the growing use of judicial activism around the world as the "judicialisation of politics."4 Generally, judical activism refers to the...
To see the full version of this document, and 144,847 others
