I read with interest Patrick Ekler’s article (“Appeals, trial courts should follow party presentation rule,” Nov. 14) advocating courts to limit their decisions to the issues raised in the parties’ ...

Judicial Restraint Is Wrong,” Evan Bernick writes: Judicial restraint as a concept can be traced to an influential 1893 article by Harvard law professor James Bradley Thayer. Thayer argued that ...

In particular, I contend that the founders were believers in judicial restraint or judicial deference, while Root argues for a kind of libertarian judicial activism in defense of individual rights.

Orissa High Court has declined to interfere in the loan recovery process undertaken by the State Bank of India (SBI).

President William Ruto urged the Judiciary to avoid judicial overreach in rulings that affect government policy, emphasising ...

Monereo Pérez, José Luis 2023. iusrealismo de Oliver Wendell Holmes, entre pragmatismo antiformalista y teoría predictiva de la decisión judicial. Lex Social: Revista de Derechos Sociales, p. 1.

A recent decision from the Ontario Superior Court of Justice illustrates a rising trend among judges to question the wording and scope of draft orders that have been submitted for court approval. This ...

Some people have called for the “strict construction” of the Constitution by the Supreme Court. In fact, strict construction is a myth, and was repudiated by the late Justice Antonin Scalia.