Judicial Activism and the Democratic Rule of Law

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Judicial activism is presented as a crucial component of democratic governance, particularly in safeguarding human rights and due process. By analyzing recent case law from the US, Canada, and the European Court of Human Rights, the author demonstrates how courts have sometimes acted to protect the marginalized, while at other times have used legalistic maneuvers to avoid their responsibilities. This exploration is aimed at legal professionals, scholars, and students interested in the dynamics of judicial decision-making and its impact on democracy.