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Articles on judicial activism

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Donald Trump sits next to Jair Bolsonaro at Mar-a-Lago in Palm Beach, Fla., in March 2020, when both men led their countries. (AP Photo/Alex Brandon)

Judicial activism has had vastly different impacts in Brazil and the United States

Judicial activism can be a double-edged sword. While it swiftly penalized Brazil’s Jair Bolsonaro for election misinformation that stoked violence, it’s resulted in anti-choice laws in the U.S.
Kenya’s 2010 constitution expressly permits judicial activism but many in government are opposed. bernie_photo/iStock/Getty Images Plus

Why Kenya’s judge recruiters are sceptical about activism on the bench

The issue of whether judges should exercise judicial activism or judicial restraint revolves around the doctrine of separation of powers and the proper remit of judicial power in a democracy.
Ontario Premier Doug Ford speaks to reporters in Toronto on Sept. 10, 2018, after announcing he’ll invoke the notwithstanding clause in his battle to shrink Toronto city council. Is Ford taking on the “Court Party?” THE CANADIAN PRESS/Christopher Katsarov.

Doug Ford’s attack on the ‘Court Party’

Doug Ford’s wielding of the notwithstanding clause is part of a broader opposition to judicial activism that has developed among right-wing politicians and academics in the post-Charter era.
Multiple court sanctions against the powerful Pakistani politician Nawaz Sharif have spurred protests both for and against the ousted prime minister. Faisal Mahmood/Reuters

Pakistan’s activist Supreme Court endangers a fragile democracy

It’s election season in Pakistan, and the Supreme Court is at war with the ruling party. Many Pakistanis wonder whether the nation’s top judge is cleaning up government or staging a judicial coup.
An appeals court ruling against Lula may disqualify this popular former Brazilian president from running again in October 2018. Supporters vehemently maintain his innocence. Ueslei Marcelino/Reuters

Presidential corruption verdict shows just how flawed Brazil’s justice system is

An appeals court ruling against popular Brazilian ex-president Lula has hotly divided Brazil. A legal scholar argues that this is a case of activist judges taking their anti-graft crusade too far.

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