Leiden University Student Repository

Manenschijn, Jorieke (2021)

Defining and Defying Judicial Activism: Why proceedings based on Judicial Activism should always be illegitimate

Master thesis | Philosophy (MA) (120 EC)

The aim of this dissertation is twofolded. Firstly, it defines judicial activism as actions of the judiciary in which they exceed their authority to rule against written legislation or the spirit of the law. Secondly, this form of Judicial Activism cannot be allowed, because it would harm legal certainty and diminish the legitimacy of the judiciary and lead to unclarity on fundamental principles. Furthermore, Judicial Activism is not the solution for the problem of unjust laws.

Judicial Activism, Hart, Legal Positivism, Political Constitutionalism

Author

Manenschijn, Jorieke

Faculty

Faculty of Humanities

Specialisation

Philosophy of Law

Supervisors

Tim Meijers

ECTS Credits

20

Language

en