Sentence examples for judicial lawmaking from inspiring English sources

Focusing on the issue of expense, the court rejected accepting a cost-based standard, arguing that doing so would have required it to engage in judicial lawmaking without any congressional guidance.

In contrast to his mentor Bentham, Austin, in his early lectures, accepted judicial lawmaking as "highly beneficial and even absolutely necessary" (Austin, 1832: Lecture V, p. 163).

About the only time you hear criticism of judicial lawmaking from legislators is when judges, using some obtuse or plainly wrong technicality, let loose individuals who appear guilty of outrageous crimes.

Nor did Austin find any difficulty incorporating judicial lawmaking into his command theory: he characterized that form of lawmaking, along with the occasional legal/judicial recognition of customs by judges, as the "tacit commands" of the sovereign, the sovereign's affirming the "orders" by its acquiescence (Austin 1832: Lecture 1, pp. 35 36).

They also criticise the "judicial lawmaking" because it applies to the case in hand, concluding that this breaks the non-retroactivity commonly considered part of the rule of law, although it is sometimes necessary.

A real development of 20th century law was the shift from judicial to administrative lawmaking.

Like the fazendeiro in Brazil and the hacendado in Mexico, the estanciero exercised wide lawmaking and judicial powers over his tenant farmers and servants.

In "The Notion of a Living Constitution" (1976), Rehnquist articulated the role of the court in a democratic society, concluding that judicial restraint and deference to lawmaking majorities are essential elements of a responsible judicial system.

Judges, also, often share in the lawmaking process, through the interpretation and application of statutes or, as in the U.S. system, by means of judicial review of legislation.

Judicial appointments!

Can lawmaking be any harder than mining?