The Rehnquist court: judicial activism on the right

2003 ◽  
Vol 40 (09) ◽  
pp. 40-5490-40-5490
Keyword(s):  
Judicial Activism ◽  
Rehnquist Court ◽  
The Right

scholarly journals Statutory Bar on the Right to Exercise a Mortgage Under the Conditions Applicable in the Slovak Republic and Comparison with the Legal Regulation of the Czech Republic

2021 ◽  
Vol 12 (3) ◽  
pp. 224-238
Author(s):  
Nikola Pacalajová ◽  
Martin Kubinec
Keyword(s):  
Czech Republic ◽  
Real Estate ◽  
Slovak Republic ◽  
Case Law ◽  
Legal Regulation ◽  
Judicial Activism ◽  
Public Records ◽  
The Czech Republic ◽  
The Real Estate ◽  
The Right

Abstract Based on the analysis and comparison of legal regulation and existing case law, the authors present in the paper their opinion on the issue of deleting mortgage with statute-barred claim from public records (Land Registry). The Slovak legal regulation, in contrast with the Czech one, does not include an explicit provision enabling the deletion of mortgage with statute-barred claim from Land Registry. Taking into consideration the aspect of justice, the authors reached the conclusion that even without a normative platform, it is necessary to allow the mortgagor to apply to court to determine that the real estate is not mortgaged and subsequently use the court’s decision as a basis for deletion. However, since the courts decide in this case, using judicial activism, knowingly contrary to the purpose and content of the institute of statutory bar, the authors consider it essential that legislation be adopted as soon as possible to regulate this situation.

scholarly journals Ativismo do Poder Judiciário na Concessão de Medicamentos x Concretização das Políticas Públicas Constitucionais / The Activism of the Judiciary in Granting Medicines x Achievement of the Constitutional Public Policies

2015 ◽  
Author(s):  
Marcia Carla Pereira Ribeiro ◽  
Luis Alberto Hungaro
Keyword(s):  
Economic Analysis ◽  
Public Policies ◽  
Law Enforcement Officers ◽  
Judicial Activism ◽  
Economic Policies ◽  
Economic Analysis Of Law ◽  
Unequal Treatment ◽  
The Government ◽  
Broad Interpretation ◽  
The Right

Resumo:O artigo analisa o ativismo do Poder Judiciário na concessão de medicamentos não contemplados nos protocolos oficiais e os potenciais efeitos na implementação de políticas públicas pelo Poder Público na área da saúde. Para tanto, utilizou-se da ferramenta da Análise Econômica do Direito, especialmente do conceito de racionalidade limitada, referente à limitação informacional dos operadores de direito, e do princípio da eficiência, o qual se relaciona com a implementação de recursos escassos visando à obtenção de soluções de maior eficiência econômica e social. Decisões judiciais foram cotejadas aos princípios econômicos no intuito de verificar as potenciais implicações decorrentes do ativismo judicial. A interpretação ampla concedida ao direito à saúde, destituída da necessária observância dos limites decorrentes de sua individualização, importa tratamento desigual, impondo ao Poder Público o ônus de prover tratamentos individuais de custos superiores ao que o sistema é capaz de fornecer comprometendo a eficácia social e econômica de políticas públicas voltadas à saúde.Palavras-chave: Concessão de Medicamentos; Ativismo Judicial; Análise Econômica do Direito; Políticas Públicas. Abstract:The article examines the activism of the judiciary in granting medicines not included in official protocols and the potential effects on the implementation of public policies by the government in health care. Therefore, we used the tool of Economic Analysis of Law, especially the concept of bounded rationality on the informational limitations of law enforcement officers, and the principle of efficiency, which relates to the implementation of limited resources in order to obtain solutions of greater economic and social efficiency. Judicial decisions were collated to economic principles in order to examine the potential implications of judicial activism. The broad interpretation given to the right to healthcare, devoid of proper compliance with the limits of its individualization, it unequal treatment, imposing upon the Government the burden of providing individual treatments in excess of the costs that the system is able to provide compromising efficacy and social of economic policies geared towards health.Keywords: Provision of Medicines; Judicial Activism; Economic Analysis of Law; Public Policies.

Leveraging Grass-roots Activism

2017 ◽  
pp. 95-121
Author(s):  
Rajesh Chakrabarti ◽  
Kaushiki Sanyal
Keyword(s):  
Advocacy Coalition Framework ◽  
Freedom Of Information ◽  
Judicial Activism ◽  
Advocacy Coalition ◽  
Grass Roots ◽  
The Subject ◽  
Election Manifesto ◽  
Right To Information ◽  
The Right

This chapter sketches the evolution of the RTI Act. After pointing out far-reaching consequences of the Right to Information Act, and the worldwide move towards transparency, the chapter traces the judicial activism towards transparency between 1975 and 1996, till it became part of the Janata Dal’s election manifesto in 1989. Still things did not progress much till in 1995, a major workshop on RTI was held at LBSNAA on the subject. A long tug of war ensued as government came and fell till the bill was introduced in 2000. The Freedom of Information Bill passed in 2002 but was never notified. The grassroots efforts by MKSS in Rajasthan since 1990 played a major role in pushing the RTI agenda forward, ultimately leading to the formation of the NCPRI. Finally, the RTI was passed in 2005. Its journey exemplifies the advocacy coalition framework.

scholarly journals Judicial Activism in Regulating ‘Human Rights Violations’ by Police Authorities in India

2017 ◽  
pp. 104-112
Author(s):  
B. Sandeepa Bhat
Keyword(s):  
Human Rights ◽  
Political Influence ◽  
Judicial Activism ◽  
Human Right ◽  
The Public ◽  
The Right To Privacy ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
Fundamental Freedoms ◽  
The Right

The human right violations in police’s actions (or inaction) are in the headlines, quite often in India. The fundamental freedoms guaranteedunder the Indian Constitution are often ignored during the course of such police actions, which the Judiciary in India has tried to regulate in many cases. The Supreme Court of India has laid down norms for many areas including custodial death, inhuman treatment in prisons, continued detentions in the prison after the completion of a term of imprisonment, fake encounters, unwarranted breach of the right to privacy of individuals and registering of fraudulent cases. Despite the continued efforts of the Indian Judiciary, the incidents of human right violations by the police have not abated due to two main reasons: a) the strong political influence of the police and b) theignorance of the public, who still fear the police more than anyone else. This paper addresses the topic at hand in three parts. In the first part, the paper analyses the trendsetting judicial verdicts against the violation of human rights by police in India, especially in light of the Constitutional provisions. The second part addresses the problems that are still faced despite the judicial activism in the field and elaborates on the reasons for the continuation of problems. The final part of the paper addresses thesteps that can be taken for strengthening the police reforms to prevent human right violations. It also looks into the need for necessary responses from other stakeholders in the field.

Ideational Origins of Progressive Judicial Activism: The Colombian Constitutional Court and the Right to Health

2010 ◽  
Vol 52 (03) ◽  
pp. 67-97 ◽  
Author(s):  
Rodrigo M. Nunes
Keyword(s):  
Right To Health ◽  
Constitutional Court ◽  
Judicial Activism ◽  
Neoliberal Economics ◽  
Political Choices ◽  
Market Driven ◽  
The One ◽  
The Right ◽  
Unexpected Outcome ◽  
The Relationship

Abstract Why do some constitutional transitions trigger the emergence of progressive judicial activism? This article addresses this question through an analysis of the creation of the Colombian Constitutional Court and its subsequent activism toward rights in general and the right to health in particular. This research suggests that ideational variables are crucial to explain this outcome. On the one hand, the Constitutional Court's behavior reflects the dominance of the institutional conception that it is the judiciary's role to help fulfill the promises of the constitutional text. On the other, programmatic beliefs about the relationship between the rule of law and market-driven economic growth led powerholders to create the court and appoint judges with this orientation. The emergence of progressive judicial activism in Colombia, this analysis suggests, was the unexpected outcome of purposeful political choices made by proponents of neoliberal economics.

scholarly journals Appraisal of Nigeria’s Obligation on Adolescents’ Access to Sexual and Reproductive Health Care

2018 ◽  
Vol 14 (6) ◽  
pp. 466
Author(s):  
Oluremi A. Savage-Oyekunle
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Reproductive Health ◽  
Sexual And Reproductive Health ◽  
Female Adolescents ◽  
Judicial Activism ◽  
Reproductive Health Care ◽  
Treaty Monitoring ◽  
Care Information ◽  
The Right

The positive obligations on states parties to ensure covenant rights will only be fully discharged if individuals are protected by the state, not just against violations of covenant rights by its agents, but also against acts committed by private persons or entities that would impair the enjoyment of covenant rights…. (Paragraph 8 General Comment 31 Human Rights Committee) This article explores the responsibility of the Nigerian state towards ensuring female adolescents’ access to sexual and reproductive health (SRH) care information and services especially contraceptive information and services. It thereafter, considers the stance of the treaty monitoring bodies to state parties’ obligations on the right to access SRH care information and services. The article concludes by declaring the need for judicial activism and stricter monitoring of the government’s activities in other to ensure that adolescents enjoy actual access to SRH care information and services.

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