Is this not the very same judicial argument that conservatives have consistently decried on principle for decades?
The judicial argument was that if the UK did not observe the letter of the law, it could not call on others – in this case, China – to do so either.
One of the government's problems is the adverse impact of the attacks made by media and politicians who play to populist prejudices by calling for the repeal of the Human Rights Act, withdrawal from the convention, a narrowly literal and static interpretation of it, and a "democratic" veto or override to curtail "judicial legislation" – arguments that undermine the rule of law.
Why? 5. Do you believe that it would further citizens' understanding of our judicial process if arguments before the Supreme Court were to be broadcast or televised live?
Arguments about judicial restraint are not often principled arguments about jurisprudence; instead, they're politics by other means.
In this latest effort to stall the proceedings, the Justice Department said that doing so would help conserve judicial resources, an argument the judge dismissed as "galling".
The politicisation of America's supreme court and the arguments around judicial activism are those which the system in England and Wales has thus far sensibly avoided.
For anyone who still thought legal conservatives are dedicated to judicial restraint, the oral arguments before the Supreme Court on the health care case should put that idea to rest.
Lawyers who frame arguments about judicial overreaching often suggest that one interpretation of a statute is clearly wrong, while the other is clearly right, said Michael Herz, a professor at the Cardozo School of Law in New York.
Using these and other resources, pairs identify what hate crimes are, their legal and judicial history and the arguments for and against this legal category, and then move on to Step 2 and so on; they debrief the activity in the sixth and final step.
