judicial legislation

Judicial legislation, some legal experts say, is often in the eye of the beholder.

This is also seen as an example of judicial legislation, with the courts making a revolutionary decision Parliament had failed to make.

The judges can develop the law, but major exercises in 'judicial legislation' are not perceived as appropriate.

Thus, the final divide into judicial legislation was traversed.

A first group of amendments impinges upon matters related with civil, police or judicial legislation.

To give effect to Woolwich's proposition would, in my opinion, amount to a very far reaching exercise of judicial legislation.

This argument does not describe postelection judicial legislation.

The new judicial legislation strengthens this trend toward mandatory sentencing and gives the country's Attorney General the right to decide where cases will be heard.

Its attempt at judicial legislation was unconstitutional, and its actions patently ultra vires, and the court's decision is thus void.

Judge Leonard B. Sand of the Federal District Court indulged in blatant judicial legislation.

"This is clearly an improper attempt at judicial legislation," Mr. Shifman said of Judge Kaufman's ruling.

The case is particularly notable as an example of judicial legislation, with the judges significantly modernising the law and moving it forward in a way Parliament had not considered.

It is this separation of powers and checks and balances that Judge Sand and his confreres are assaulting by their judicial legislation.

As Dicey says, 'the appeal to precedent is in the law courts merely a useful fiction by which judicial decision conceals its transformation into judicial legislation'.

"This is a classic example of mission creep, with judicial legislation from Strasbourg riding roughshod over decisions that should be determined by UK courts."

He also cosponsored numerous bills supporting a state spending cap, a constitutional amendment banning a New Hampshire income tax, and limiting judicial legislation from the bench.

Each decried resurrection of unchecked judicial legislation, via the substantive due process concept, as a means of thwarting the will of the popularly elected branches.

Senator Joker Arroyo criticized the ruling of the Supreme Court, saying that the court "overreached itself and engaged in judicial legislation."

Instead of the drastic social changes he proposed in the past, his government chose a reformist line, passing new retirement, tax, labour and judicial legislation, and discussing university reform.

But the lawmaking thrust of many of President Reagan's judicial appointees gives a distinctly hollow ring to his, and their, excoriations of liberal "judicial legislation."

Critics of the courts say many rulings are, in fact, "judicial legislation" that has turned the courts into dangerous institutions that too often seize the powers of legislators.

He led much important judicial legislation during the life of the Labour government, including an Act which granted full legal sovereignty to Canada and a number of other Commonwealth countries.

He believed that judge-made rules were tantamount to judicial legislation, and he argued that freemen should be amenable to no law but the written law as sanctioned by representatives of the people.

Even if there was nothing improper in the Chief Justice supporting one piece of legislation while criticizing and rejecting others, how does this kind of lobbying square with conservative denunciations of "judicial legislation"?

But the dissenting Justices, in an opinion by Justice John Paul Stevens, called the ruling a "bold and disturbing act of judicial legislation" that would significantly contract the scope of antitrust laws.