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This book examines the way in which judges in the top courts of ten different common law countries go about developing the law by devising new principles to allow themselves to be innovative and justice-oriented, and to ensure that human rights are universally protected. The book surveys the decisions of these top courts over the last fifteen years or so to determine how 'judicially active' they have been. It seeks to compare and contrast the different experiences and to identify those principles in accordance with which the various courts decide to develop the law. How do they interpret legislation? What use do they make of standards derived from other countries or from international law? How willing are they to make law in areas which are traditionally the preserve of elected politicians? The contributors are all experts in their own jurisdictions and have already published widely in the field of judicial activism. The jurisdictions covered include Australia, Canada, India, Ireland, Israel, New Zealand, South Africa, the United Kingdom and the United States. Of particular interest is the chapter on the new Supreme Court for the United Kingdom, which is due to come into existence in 2009, and which should draw upon the lessons which have been learned in other countries as regards the processing and deciding of appeals, and cross-pollenation of ideas from other jurisdictions.

Tabla de contenidos provista por Syndetics

• List of Abbreviations(p. xv)
• Notes on Contributors(p. xvii)
• Table of Cases(p. xix)
• Table of Legislation(p. xli)
• 1 Comparing Supreme Courts(p. 1)
• 2 'Restrained Activism' in the High Court of Australia(p. 19)
• 3 Judicial Activism in the Supreme Court of Canada(p. 69)
• 4 The Supreme Court of India(p. 121)
• 5 The Supreme Court of Ireland(p. 169)
• 6 Judicial Activism in Israel(p. 217)
• 7 Judicial Activism and New Zealand's Appellate Courts(p. 273)
• 8 Judicial Activism of a Special Type: South Africa's Top Courts Since 1994(p. 323)
• 9 Judicial Activism in the House of Lords 1995-2007(p. 363)
• 10 The United States of America(p. 415)
• Index(p. 437)

Notas de autor provistas por Syndetics

Brice Dickson is currently the Professor of International and Comparative Law at Queen's University Belfast. He previously served for six years as the Chief Commissioner of Northern Ireland's Human rights Commission, a key institution tasked by the Good Friday Agreement of 1998 with promoting and protecting the human rights of everyone in that jurisdiction and with advising on the content of a Bill of Rights for Northern Ireland. Brice Dickson has also taught at the Universities of Ulster and Leicester and has published widely on human rights law, public law, French and German law and the role of judges in society. He has acted as a consultant on many human rights missions around the world and is centrally involved in advising the British Council on its work on human rights and governance.