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Proceedings of the British Academy, Volume 139, 2005 Lectures$
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P. J. Marshall

Print publication date: 2007

Print ISBN-13: 9780197263945

Published to British Academy Scholarship Online: January 2012

DOI: 10.5871/bacad/9780197263945.001.0001

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The Judges: Active or Passive

The Judges: Active or Passive

Maccabaean Lecture In Jurisprudence

(p.55) The Judges: Active or Passive
Proceedings of the British Academy, Volume 139, 2005 Lectures


British Academy

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

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