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’ ...
The Court recalled that in 2002, a direction was passed in the All India Judges Association case that by 2007, the ...
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).
The Supreme Court removed adverse comments by the Delhi High Court against Judge Sonu Agnihotri, emphasizing restraint in criticizing judicial officers' personal conduct. It highlighted the need to ...
New Delhi, The Supreme Court on Friday expunged adverse remarks made by the Delhi High Court against an additional district and sessions Judge, saying the superior courts must exercise restraint while ...
“A long-standing precedent at the crux of administrative governance thus falls victim to a bald assertion of judicial authority. The majority disdains restraint, and grasps for power.
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.