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image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao https://doi.org/10.1...arrow_drop_down
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https://doi.org/10.1007/978-3-...
Part of book or chapter of book . 2015 . Peer-reviewed
License: Springer Nature TDM
Data sources: Crossref
SSRN Electronic Journal
Article . 2015 . Peer-reviewed
Data sources: Crossref
Ciência-UCP
Part of book or chapter of book . 2015
Data sources: Ciência-UCP
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Judicial Activism and Fidelity to Law

Authors: Ribeiro, Gonçalo de Almeida;

Judicial Activism and Fidelity to Law

Abstract

The Essay contrasts three accounts of judicial fidelity to law, labeled ‘legalism’, ‘idealism’ and ‘pluralism’. It then explores the more persuasive model of adjudication—pluralism—in greater depth, examining five fundamental principles of the law both in general theory and in the exemplary context of stare decisis. This framework is deployed to outline a typology of judicial activism comprising three varieties. A final section focuses briefly on the special case of judicial review of legislation.

Country
Portugal
Keywords

Fundamental principles, Types of activism, Idealism, Fidelity to law, Pluralism, Judicial review, Judicial activism, Models of adjudication, Legalism

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
2
Average
Average
Average
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