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 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 ...
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.
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.