2008Xiandai faxueRequires access

Judicial Activism under Judicial Self-restraint

Rong Zhang

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Abstract

Judicial activism or judicial self-restraint indicates a judge's ideology while construing law.They are relevant to what liberty a judge has or what restriction a judge is under while he/she exercises his/her discretion in judicial process.Thus there is no compulsory criterion to follow.For China,it is wise to get over rigid judicial restraint and disordered judicial activism while choosing judicial activism under judicial self-restraint.

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Judicial activism or judicial self-restraint indicates a judge's ideology while construing law.They are relevant to what liberty a judge has or what restriction a judge is under while he/she exercises his/her discretion in judicial process.Thus there is no compulsory criterion to follow.For China,it is wise to get over rigid judicial restraint and disordered judicial activism while choosing judicial activism under judicial self-restraint.

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Available abstract

Judicial activism or judicial self-restraint indicates a judge's ideology while construing law.They are relevant to what liberty a judge has or what restriction a judge is under while he/she exercises his/her discretion in judicial process.Thus there is no compulsory criterion to follow.For China,it is wise to get over rigid judicial restraint and disordered judicial activism while choosing judicial activism under judicial self-restraint.

Key concepts: Judicial discretion, Judicial activism, Law, Judicial restraint, Judicial review, Political science, Judicial independence, Discretion

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