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Judicial Activism: Authority, Principle and Policy in the Judicial Method (Hamlyn Lectures, #55)

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Judicial Activism: Authority, Principle and Policy in the Judicial Method (Hamlyn Lectures, #55)

4.85 90,866 ratings · 5,690 reviews
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Overview: Based on the 55th series of the Hamlyn Lectures presented by the Honourable Justice Michael Kirby in November 2003, the issue of "Judicial Activism" is a live one in most countries of the common law. The accusation that judges have exceeded their proper function is often made by politicians, media commentators and even some lawyers. The accusers allege that judges should stick to applying the law - they should not make it. The slightest familiarity with current and recent debates over judicial decisions in Australia, Canada, India and the United States shows that "judicial activism" is a topic that lawyers need to address seriously. In these lectures, Justice Kirby explores many cases including Bush v Gore and Lawrence v Texas from the United States. In examining the judicial method in a topical context, Justice Kirby suggests that the debate over judicial activism has so far largely passed the judiciary of the United Kingdom by. However, he points out that recent developments make it unlikely that this state of affairs will persist. The developments he mentions include: A The proposed creation of a Supreme Court for the United Kingdom A The resulting identification of the Supreme Court judges as public figures A The increased roles of the judge in reviewing legislation under the Humans Rights Act A The developments in judicial review of administrative action A The new procedures for selecting and training judges and changes in the arrangements affecting the senior members of the Bar from whom the judges are chosen Justice Kirby suggests that the judges of the United Kingdom will not be immune from the debate over judicial activism that affects judges in most parts of the world. This makes an examination of what is happening to the judicial method in other countries with similar legal systems and judicial traditions particularly timely.

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Book details & editions

ISBN
7695189
Publication date
2004
Language
Eng
Pages
N/A pages
Reading Options
PDF · EPUB · Mobi
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Michael Kirby
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Michael Kirby is the author of several novels. Originally from the East Coast, they now live in the Midwest with family. In addition to writing, Michael Kirby enjoys gardening, cooking, and reading way past bedtime. Their work often explores the complexities of everyday life and human relationships.

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I was completely blown away. I adored how the story unfolded. It kept me captivated without sacrificing elegance. I will undoubtedly revisit this masterpiece.
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A profoundly satisfying read. The prose is exquisite. It’s accessible yet undeniably sophisticated. I will undoubtedly revisit this masterpiece.
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Dorothy Lewis
Dorothy Lewis June 03, 2025
Excellent, though slightly flawed. The protagonist was compelling, though some subplots felt slightly overshadowed. I would highly recommend this to discerning readers.
Nicholas Walker
Nicholas Walker August 13, 2024
Honestly one of the most premium reading experiences lately. It strikes a perfect harmony of dialogue and world-building. Every chapter felt necessary. I am now a lifelong fan of this author.
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