[DOWNLOAD] "Misrepresenting the Supreme Court's Record? A Comment on Sujit Choudhry and Claire E. Hunter, "Measuring Judicial Activism on the Supreme Court of Canada" (Mcgill Law Journal, Vol. 48, P. 525, 2003)" by McGill Law Journal " Book PDF Kindle ePub Free
eBook details
- Title: Misrepresenting the Supreme Court's Record? A Comment on Sujit Choudhry and Claire E. Hunter, "Measuring Judicial Activism on the Supreme Court of Canada" (Mcgill Law Journal, Vol. 48, P. 525, 2003)
- Author : McGill Law Journal
- Release Date : January 01, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 349 KB
Description
The authors respond to the argument made by Professor Choudhry and Claire Hunter that there is no empirical evidence to support claims that the Supreme Court of Canada is engaged in judicial activism. They first argue that the particular quantitative definition of judicial activism used by Choudhry and Hunter focused exclusively on the impact of rights-based judicial review on primary legislation, and therefore misunderstood the purpose of counter-majoritarian judicial review, which is to protect minorities from any oppressive government action. In its place, following Peter Russell and other political scientists, they define judicial activism more broadly as the willingness of courts to impose constitutional limits on government action. The authors further contend that Choudhry and Hunter misinterpreted the claims of political scientists who study the Supreme Court. Each of the four hypotheses tested by Choudhry and Hunter is an untoward characterization of claims made in the political science literature, and, even if one accepts Choudhry and Hunter's definition of judicial activism, the available data does not support their argument. The authors maintain that if legal scholars truly want to engage with political scientists, they must begin to look at the Supreme Court not only as a judicial institution, but as a political one as well.
![](http://pinterest.com/pin/create/button/?url=https://vwwjohiuoh.blogspot.com/2021/03/download-misrepresenting-supreme-courts.html&media=https://is3-ssl.mzstatic.com/image/thumb/Publication/v4/8c/0a/74/8c0a74d5-97b2-8ac6-9816-e9fb552e850f/source/700x700bb.jpg&description=[DOWNLOAD] "Misrepresenting the Supreme Court's Record? A Comment on Sujit Choudhry and Claire E. Hunter, "Measuring Judicial Activism on the Supreme Court of Canada" (Mcgill Law Journal, Vol. 48, P. 525, 2003)" by McGill Law Journal " Book PDF Kindle ePub Free){kind=link}