The Judges: Active or Passive


in Proceedings of the British Academy, Volume 139, 2005 Lectures

Published by British Academy

Published in print March 2007 | ISBN: 9780197263945
Published online February 2012 | e-ISBN: 9780191734038 | DOI:

Series: Proceedings of the British Academy

The Judges: Active or Passive

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This chapter discusses the traditionalist view of the judicial role. Three propositions are used as the basis for this view, beginning with the separation of powers. The second and third propositions relate to non-statutory areas of the law, and that the authority and standing of the judges depend on their strict adherence to rules. The chapter also touches on the constitutional implications of this choice.

Keywords: traditionalist view; judicial role; separation of powers; non-statutory areas; judges; constitutional implications

Chapter.  8070 words. 

Subjects: Social and Cultural History

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