Judicial Activism in Common Law Supreme Courts
Edited by Brice Dickson
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Judicial Activism in Common Law Supreme Courts by Brice Dickson
Book DescriptionThis book examines the way in which judges in the top courts of nine different common law countries go about developing the law by devising new principles to allow themselves to be innovative and justice-oriented, and to ensure that human rights are universally protected. The book surveys the decisions of these top courts over the last generation to determine how 'judicially active' they have been. It seeks to compare and contrast the different experiences and to identify the principles in accordance with which the various courts have decided to develop the law. How do they interpret legislation? What use do they make of standards derived from other countries or from international law? How willing are they to make law in areas which are traditionally the preserve of elected politicians? The contributors are all experts in their own jurisdictions and have already published widely in the field of judicial activism. The jurisdictions covered include Australia, Canada, India, Ireland, Israel, New Zealand, South Africa, the United Kingdom and the United States. The chapter on the judicial work of the House of Lords anticipates the transformation of that institution into the Supreme Court of the United Kingdom in 2009 and the book as a whole suggests that there is plenty of scope for that new court to learn from other common law supreme courts about the appropriate limits of judicial creativity.
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Book DetailsISBN: 9780199213290
(240mm x 163mm x 32mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 13-Dec-2007
Country of Publication: United Kingdom
Books By Author Brice Dickson
Human Rights in Northern Ireland, Paperback (January 2015)
This handbook is currently the most comprehensive and practical publication on the state of human rights in Northern Ireland. It is the fully revised version of a book that was last published in 2003.
Law in Northern Ireland, Paperback (August 2013)
This is the latest edition of a book which is the standard introductory text for newcomers to the legal system of Northern Ireland.
Human Rights and the United Kingdom Supreme Court, Hardback (March 2013)
How does the UK Supreme Court approach human rights law? This book provides the first comprehensive overview of human rights in the highest UK court, criticizing the failure of UK judges to develop the common law in sympathy with human rights.
European Convention on Human Rights and the Conflict in Northern Ireland, Paperback (March 2012)» View all books by Brice Dickson
This book charts the role played by the European Convention on Human Rights during the conflict in Northern Ireland from 1968 to the present day. It offers a systematic case-study of the Convention's capacity to protect human rights in a society wracked by terrorism and political conflict.
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Author Biography - Brice Dickson
Brice Dickson is currently the Professor of International and Comparative Law at Queen's University Belfast. He previously served for six years as the Chief Commissioner of Northern Ireland's Human rights Commission, a key institution tasked by the Good Friday Agreement of 1998 with promoting and protecting the human rights of everyone in that jurisdiction and with advising on the content of a Bill of Rights for Northern Ireland. Brice Dickson has also taught at the Universities of Ulster and Leicester and has published widely on human rights law, public law, French and German law and the role of judges in society. He has acted as a consultant on many human rights missions around the world and is centrally involved in advising the British Council on its work on human rights and governance.
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