Judicial Activism in UK Law

  • Fitzpatrick v Sterling Housing Association Ltd
    • House of Lords
    • 28 Octubre 1999
    ... ... Parliament's function; not to do so would be to abdicate the judicial function. If Parliament takes the view that the result is not what is ... Judicial activism certainly has to be tempered by due restraint, and the drawing of the ... ...
  • Council of Civil Service Unions v Minister for the Civil Service
    • House of Lords
    • 22 Noviembre 1984
    ... ... the question whether the courts, and your Lordships' House in its judicial capacity, have power to review the instruction on the ground of a ... — by no means critically — as an upsurge of judicial activism. Historically the use of the old prerogative writs of certiorari, ... ...
  • Alfred McAlpine Construction Ltd v Panatown Ltd
    • House of Lords
    • 27 Julio 2000
    ... ... plainly be inappropriate to enlarge the statutory provision by judicial innovation. The alternative has to be the adoption of what Lord Diplock in ... the need for, and rendered illegitimate, any further judicial activism in the field which was subject of the appeal; and that the present case ... ...
  • A, X and Y and Others and Secretary of State for the Home Department
    • House of Lords
    • 16 Diciembre 2004
    ... ... The duty of the House, and the only duty of the House in its judicial capacity, is to decide whether the appellants' legal challenge is soundly ... Constitutional dangers exist no less in too little judicial activism as in too much. There are limits to the legitimacy of executive or ... ...
  • Barratt v Ansell (t/a as Woolf Seddon); Arthur JS Hall & Company v Simons
    • House of Lords
    • 20 Julio 2000
    ... ... Graef, Judicial Activism in Civil Proceedings. A comparison between English and German ... ...
  • International Transport Roth GmbH and Others v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 22 Febrero 2002
    ... ... Balbo apparently reached this view (and therefore dismissed the judicial review challenge before them on the ground that a more suitable ... Constitutional dangers exist no less in too little judicial activism as in too much. There are limits to the legitimacy of executive or ... ...
  • R (on the application of HS2 Action Alliance Ltd) v The Secretary of State for Transport and another
    • Supreme Court
    • 22 Enero 2014
    ... ... Judicial Review ... 14 The present proceedings were commenced ... The second interpretation might involve a degree of judicial activism which could lead to confusion as to the exact duties of the legislature in ... ...
  • T (A Child)
    • Court of Appeal (Civil Division)
    • 04 Octubre 2018
    ... ... ) there would, as I have said, be a danger of criticism of judicial activism in conflict with a Parliamentary directive.” ... ...
  • SS (Nigeria) v The Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 22 Mayo 2013
    ... ... proportionality is not, in my judgment, to be defined in terms of judicial intrusion or activism. Rather it consists in the introduction into ... ...
  • Wainwright v Home Office
    • Court of Appeal (Civil Division)
    • 20 Diciembre 2001
    ... ... serious definitional difficulties and conceptual problems in the judicial development of a "blockbuster" tort vaguely embracing such a potentially ... some as nonetheless a proper field for the exercise of judicial activism, I venture to go further and draw attention to some difficulties that ... ...
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