2008Journal of Hunan University of CommerceRequires access

On the Border of Judicial Activism

Hu Jun

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Abstract

When the judicial method of traditional-syllogism goes to the judicial negativism,its destruction to the law is obvious.Thus the judicial activism will inevitably be used,but the judicial activism which is directed by the essential legal system could collapse the basic purposes of the law.Therefore,the judicial activism should have a border: the judicial method of traditional-syllogism should be the first choice.At the same time,because legal principles embodied the basic values in the modern society,they should be used as the border of the judicial activism.

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When the judicial method of traditional-syllogism goes to the judicial negativism,its destruction to the law is obvious.Thus the judicial activism will inevitably be used,but the judicial activism which is directed by the essential legal system could collapse the basic purposes of the law.Therefore,the judicial activism should have a border: the judicial method of traditional-syllogism should be the first choice.At the same time,because legal principles embodied the basic values in the modern society,they should be used as the border of the judicial activism.

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Available abstract

When the judicial method of traditional-syllogism goes to the judicial negativism,its destruction to the law is obvious.Thus the judicial activism will inevitably be used,but the judicial activism which is directed by the essential legal system could collapse the basic purposes of the law.Therefore,the judicial activism should have a border: the judicial method of traditional-syllogism should be the first choice.At the same time,because legal principles embodied the basic values in the modern society,they should be used as the border of the judicial activism.

Key concepts: Judicial activism, Political science, Law, Judicial review, Judicial opinion, Syllogism, Law and economics, Sociology

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