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Tuesday, August 31, 2010

Does Judicial Activism HELP to Ensure EQUITY for the POOR? Would it Go Beyond Political Agenda and US Interests to Prosecute CARBIDE and DOW? Food Grains Meant to be ROTTEN and DESTROYED to DISARM the EXCLUDED Communities against Man Made Calamities and

Does Judicial Activism HELP to Ensure EQUITY for the POOR? Would it Go Beyond Political Agenda and US Interests to Prosecute CARBIDE and DOW? Food Grains Meant to be ROTTEN and DESTROYED to DISARM the EXCLUDED Communities against Man  Made Calamities and HEGEMONY ILLUMINITY Created Holocaust Infinite as the NATURE and Nature Associated Man are Targeted Most!

BARVES has engaged us in some new IDEOLOGICAL Puzzles. Last afternoon, he discussed AMBEDKAR`s MARATHI Speech in NAGPUR in 1938 , in which he said,`I do not want EQUALITY, I want EQUITY for our people!'

In this prespective, the FOOD Grain Politics and Bhopal Gas Tragedy have attracted yet another Judicial ACTIVISM after all the CBI lodged Political Cases to Tame the Parliamentary Majority! Ayodhya judgement is expected anytime. Bhopal has EXPOSED Naked the Human Face of INCLUSIVE Growth and Economic Ethnic Cleansing.I am afraid that REOPENING the Bhopal case is NOTHING but to bail out the PUBLIC HUMANITARIAN MASK of Ruling Hegemony and its Brahaminical POLITICS, to legitimate the US Sponsered FREE MARKET NUCLEAR SHAFFRON MANUSMRITI Democracy!

Indian Holocaust My Father`s Life and Time - Four Hundred Seventy

Palash Biswas

http://indianholocaustmyfatherslifeandtime.blogspot.com/

I have not recovered as yet from Diabetic Health Deficit and Medical Recession. Thus, I am unable to move freely like earlier. I missed to visit the Himalayas, Home in Basantipur, Home Town Nainital after the sadly Demise of our Poet Friend and Heart GIRDA, Central India and so on. I must repent NOT to be present in ERNACULAM Cochin where BAMCEF BHARAT MUKTI MORCHA Activists had gathered for Half yearly Convention!

Last day, I got Phone calls from the Bheel Base in Dungarpur Bheelwda, Rajasthan as Thirty Five of them had gone to Kerala and now they leave for SURAT, Gujarat. They wanted my suggestion for the Venue of All India ADIVASI Sammelan slated in February Next as it is planned to organise somewhere in Orissa and preferrably BHAVANI PATNA, KALAHANDI.I told them to consider the Securityand Connectivity angles.

I am having long interactions with our friend Colonel BARVES who attended the Ernaculam Meet. We are trying our best to revive the Trade Union Movement and our Multi Media Presentation in Maharashtra have been very convincing. But BARVES has engaged us in some new IDEOLOGICAL Puzzles. Last afternoon, he discussed AMBEDKAR`s MARATHI Speech in NAGPUR in 1938 , in which he said,`I do not want EQUALITY, I want EQUITY for our people!'

What does it mean?

Misquoted AMBEDKARATE Quote on Power Sharing has been the Focus of Post Ambedkarite Movement after his demise and RESULTANT in CO OPTED Reservation Quota Casteology ending up into Super Agents of the Ruling Hegemony and denying us Justice as well as Equality.We are discussing these points and expect the interactions and debates to get momentum in quest of an ESCAPE Route out of this Valley of Predestined Mass Destruction!

We did NEVER support Judicial ACTIVISM because itis POLITICALLY Inflicted and the Balance is tilted in accordance the ALCHEMIST of the Bench which does NOT represent the Majority Masses, Excluded Communities, Deprived POOR as they say and as we know, the ENSLAVED Indigenous Aboriginal Black Untouchables. Hence, we avoid the Judiciary as we may NOT Dare Expect Justice from the Ruling Dominant Zionist Brahamins sitting up above there.

In this prespective, the FOOD Grain Politics and Bhopal Gas Tragedy have attracted yet another Judicial ACTIVISM after all the CBI lodged Political Cases to Tame the Parliamentary Majority! Ayodhya judgement is expected anytime. Bhopal has EXPOSED Naked the Human Face of INCLUSIVE Growth and Economic Ethnic Cleansing.I am afraid that REOPENING the Bhopal case is NOTHING but to bail out the PUBLIC HUMANITARIAN MASK of Ruling Hegemony and its Brahaminical POLITICS, to legitimate the US Sponsered FREE MARKET NUCLEAR SHAFFRON MANUSMRITI Democracy!

Free foodgrains for poor: Pawar gets apex court flak

The Supreme Court came down heavily on union Agriculture Minister Sharad Pawar for saying that the court's suggestion on free distribution of foodgrains to the poor was not binding on the government.

Referring to media reports attributed to Pawar wherein he said that the court only made a suggestion Aug 12 and the government will consider it, an apex court bench of Justice Dalveer Bhandari and Justice Deepak Verma told Additional Solicitor General Mohan Parasaran: "Tell your minister not to make any such comment."

The court said: "What we have said is an order and not a suggestion. Let him not misunderstand our order."

The court also directed the central government to carry out a fresh survey of the people below poverty line (BPL), above poverty line (APL) and beneficiaries of the Antyodaya Anna Yojana (AAY).

The court passed the order in the wake of several states disputing the figures of the central government related to beneficiaries of subsidised food schemes.

The petitioner, People's Union for Civil Liberties, said that the government admitted in its affidavit that it has sold 60.10 lakh tonnes of foodgrains in the open market since October 2009.

The government should be restrained from selling foodgrains in the open market as a large number of people are suffering from malnutrition and hunger, the petitioner said.

31 Aug, 2010, 03.17PM IST,TNN

Bhopal gas case: SC issues notice to Keshub Mahindra and 6 other convicts

NEW DELHI: The Supreme Court on Tuesday issued notices to former UCIL chairman Keshub Mahindra and six other convicts in the Bhopal gas case, asking why charges against them should not be modified to a stringent IPC 304-II instead of 304A.


304-II provides for 10 years imprisonment whereas 304A conviction entails only 2 years prison term.


The apex court was hearing a curative petition filed by the CBI in the case.


Nearly 26 years after the disaster left over 15,000 dead, former Union Carbide India chairman Keshub Mahindra and six others were on June 7 sentenced to two years imprisonment.


Obama declares end of US combat mission in Iraq

WASHINGTON: President Barack Obama on Tuesday ended the US combat mission in Iraq, declaring no victory after seven years of bloodshed, and telling Americans and the world: ``It is time to turn the page.''

From the Oval Office, where George W. Bush first announced the invasion that would come to define his presidency, Obama addressed millions who were divided over the war in his country and around the world. Fiercely opposed to the war from the start, he said the United States ``has paid a huge price'' to give Iraqis the chance to shape their future.

In a telling sign of the domestic troubles weighing on the United States and his own presidency, Obama turned much of the emphasis in a major war address to the dire rate of U.S. joblessness. He said the Iraq war had stripped America of money needed for its own prosperity, and he called for an economic commitment at home to rival the grit and purpose of a military campaign.

The speech, lasting slightly less than 20 minutes, was only his second address from the Oval Office. Obama looked directly into the TV camera, hands clasped in front of him on his desk, family photos and the U.S. and presidential flags behind him. His tone was somber.

Even as he tries to cap one of the most divisive chapters in recent American history, Obama is escalating the conflict in Afghanistan. He pledged anew that the United States would keep up the fight in that war, the longest once since Vietnam.

In Iraq, for all the finality, the war is not over. More Americans probably will die. The country is plagued by violence and political instability, and Iraqis struggle with constant shortages of electricity and water.

Obama is keeping up to 50,000 troops in Iraq for support and counterterrorism training, and the last forces are not due to leave until the end of 2011 at the latest.

As the commander in chief over a war he opposed, Obama took pains to thank troops for their sacrifice but made clear he saw the moment more as a mistake ended than a mission accomplished. He spoke of strained relations with allies, anger at home and a ``huge price'' of the highest order.

The toll includes more than 4,400 U.S. troops dead and many more Iraqis, tens of thousands more Americans wounded, and hundreds of billions of dollars spent.

To underscore his point of ending the divisiveness over Iraq, Obama said he had called Bush, whom he had taunted so often in the 2008 presidential campaign. He prominently praised the former Republican president in the heart of his speech.

``It's well known that he and I disagreed about the war from its outset,'' Obama said. ``Yet no one could doubt President Bush's support for our troops, or his love of country and commitment to our security.''


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National Issues And speeche
 
Brahminical forces are trying to retain their monopoly, domination and rule through judiciary and hence, are using judiciary for this purpose
Mr. D. K, Khaparde, National President of BAMCEF presided over the function. Concluding the discussions, and debate on the topic, he said, I am connected with the activities of our people in Delhi for last 25 years or so. I have found a large scale change has come in the ways of thinking of our people all over the country. But our educated people in Delhi have no change. You may keep any function for any purpose, but they have nothing to say, except expressing their demands However, we must know that beggars can not be choosers. They can not say that they want some particular thing. They can only beg. BAMCEF is trying to bring awakening in the society since last 25 years, on all these aspects and today the broad impact of this awakening is very much visible. BAMCEF does note keep on, only weeping. Instead it thinks ahead of that. The purpose behind keeping discussions on judiciary is not about demanding reservation in judiciary. It is, a very small aim. Babasaheb Ambedkar has alway told his people to keep great aim, if you want produce great result. And to decide your aim in proper perspective, you have to first identify your problem. Today's topic is concerned with our attempts to Understand this issue of judiciary and how the brahminical forces are trying to counter the emergence of the oppressed castes by using judiciary.

Speaking further on the topic, he said that there are four pillars of democracy and out of them, the three pillars are connected with governance, administration and rule of the country. Legislature, executive and judiciary, are these three pillars, which together make the government. The fourth pillar is Press Media It is a, creation of private sector. Though the oppressed people keep on talking about press media, in my opinion, we are yet to become capable to make a dent in this sector in big way. But the first three pillars of democracy are erected on the strength of the people. However, the ruling castes have reached to the conclusion that they are loosing their control over legislature and executive, the two wings of govt. The legislature and the executive have started crumbling before the wave of awakening that has risen among the oppressed castes. It means, legislature and executive, through which brahminical forces were ruling the country upto now, has gone out of their control now. Hence, the brahminical forces are using

judiciary now to maintain their rule in the country, are trying to govern the country through judiciary. This is their well planned strategy. Hence, I would like to say that today there is no governance of the country by legislature and executive, but the judiciary is governing the country. Some people have started talking that judiciary has become' politicalised. We will have to think their statement in this perspective. All the decisions or judgements that are being given by the judiciary, are not based on constitutional provisions or interpretation of law. They are political decisions or judgements. Because, the judiciary is only trying to run the administration of the country on behalf of the brahminical forces. That is why, we would like to say that by appointment of few individuals from SC, ST and OBCs, as judges in high courts and Supreme Court, this issue can not be resolved.

In 1996, BAMCEF conducted a debate on the judicial activism of the indian judiciary and gave a message to the people that it is not a judicial activism, but a judicial conspiracy. At that time, we just wanted to alert the judiciary to understand the significance of changes that are coming in the thinking of the oppressed and ruled castes of the country and the changes it is bringing in the socio-political situation of the country. We expected the judiciary to change its out look and behaviour in accordance with these changes. However we are sorry to state, that the judiciary has failed to take note of it and reform itself. Hence, we have to take up this issue again today, but now we have decided to take it up on big scale and conduct a national campaign. The President of India Mr. K. R. Narayanan is a very matured "personality. He has raised the very basic and important issues in context of judiciary. What the president has said, is that judiciary does not have representation of all sections of the society and it is necessary to give this representation. This will be in conformity with the constitutional principles and objectives and nation's committment. It means that the judiciary must be made representative, to fullfill the principles and objectives of constitution and nation's committment. In a way, we can also say that the judiciary is acting against the constitutional principles and objectives and nation's committment. Now what is nation's committments. The constitution has given a directive to build a new society based on liberty, equality and fraternity.This is the nation's committment, The constitution has also givent the directive to interprete the law in such a manner, which will benifit the weaker and oppressed sections of the society. The judiciary is not willing to recognise both these principles for giving its judgements. Then, what the judiciary is recognising? The judiciary is recognising the fact of mainaining the rule and governance of one particular caste in the country. Not only that the judiciary is working for maintaining the monopoly of that particular caste in the country. And this monopoly can not be maintained through legislature and executive, then it will be maintained through judiciary. This is what the judiciary is saying today. We will have to understand this properly. Today, we have an issue before us, whether to allow the monopoly of one particular caste in democratic system, in the name of merit? And what merit they are talking about? We are seeing their merit since last 50 years, which have made the conditions in the country from bad to worst. Whatever problems the country is facing today are all creations of the governance of the country since last 50 years and this governance is being done by these brahminical forces, who think they are meritorious. Hence, we will have to understand this concept of merit in proper perspective and how it is being used in favour of bfahminical forces. Today, judiciary is talking about this merit only. Hence, we will have to understand that brahminical forces any trying to retain their monopoly, domination and rule through judiciary. And if this conspiracy is beig hatched through judiciary, then we must understand that making one or two individuals of SC/ ST as judges, we can not resolve this issue. Understanding this basic aspect of the issue, we will have to find out a solution. BAMCEF has never made any demand. It has never passed any resolution, demanding any thing. Because, we think that we are beggars and beggars can not become choosers. Hence, we will have to first discard this habit of begging.

We are of the opinion, that our country needs a committed judiciary. A judiciary which will be committed to constitutional principles, objective and nation's committment and will function according to it. The President of India has given emphasis on it. We do not want a judiciary committed to any perticular caste group. But how can we create such a judiciary? This can not be done unless some basic changes are made in the judicial system and in the system of selection of judges. Today, whatever changes have come in the country, are the results of the awakening that is being brought in the society by BAMCEF since last 50 years. But we are sorry to note that our intellectual class is not able to understand the significance of this awakening. It seems, the judiciary is now working to counter this growing awakening among the oppressed castes. If we want to stop this, we will have to work for creating committed judiciary.

At the end, Mr. Khaparde has said that today we observe that all our struggles and organisations end with reservation. The ruling castes are trying to keep the movement of Ambedkar limited to reservation only and for this purpose are creating new leaders always, And our enducated people keep on running after them.The movement of Ambedker was not limited to the issue of reservation alone. It was having far reaching goals of making the oppressed castes, as ruling communities. During Ambedkar's period, there was no intellectual class in the oppressed communities. That was a problem faced by him. Hence, he made specific efforts to create the intellectual class. But today this class has become a big problem for the movement because this class is not playing any conscious active role in the movement. Ruling castes of the country are trying to revolve our movement around issue of. reservation. Mr. Suraj Bhan, a BJP man, who is governor of U.P. was addressing a rally in Luc know, When he told our people to fight for reservation, then some people asked him that his party is ruling the country today. So he should go to his party and tell them to implement the policy of reservation, instead of telling the people to fight for reservation. Now this realisation has started growing among the educated people today. They want to fight for bigger causes, for the movement and hence want to come out of the clutches of socalled leaders of reservation. Today, many of our issues can not be resolved without bringing changes in the judical system and creating committed judiciary. And this can not be done without the support of masses. Hence, we will have to work for bringing awakening among the oppressed castes, about this judiciary and the role it is playing to counter their aspirations and movement, so that, we can create a public pressure before which the judiciary will feel crumbled.



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SC order on rotting grains queers govt, Cong's pitch

Nitin Sethi, TNN, Sep 1, 2010, 02.55am IST

NEW DELHI: The Supreme Court's orders and observations on rotting foodgrains have created a piquant problem for both the government and the Congress.

Though the ruling Congress wanted to reap political dividend from the big-ticket National Food Security Bill, the apex court has stolen a march over the UPA government, thanks to the lackadaisical approach of Sharad Pawar-led Union food ministry.

The court's observations and orders could also upset the balance between the National Advisory Council and the government since the two have already been locked in a tussle over the food Bill.

For instance, the NAC and the government have not been able to come to a conclusion over the ambit of the National Food Security Act -- how many people should benefit from the Rs-3-a-kg foodgrain scheme in rural and urban parts of the country.

Now, with the SC on Tuesday claiming that it had not merely `observed' but 'ordered' that the government look at providing free foodgrains to the poor, the UPA could be caught between a rock and a hard face.

To make matters worse, the court has observed that the government should only procure as much as it can store. In the light of this observation, the UPA has to explain the macro-economics of buying foodgrains from the farmers as not only a requirement to feed the poor but also as a tool to support a failing agricultural sector.

On Monday, the gap between the NAC members' understanding and the government became evident. The NAC members failed to convince Congress president and UPA chairperson Sonia Gandhi about an almost universal spread of the social security net, where 80% of the rural population could benefit from the cheap foodgrain scheme by the time the Bill becomes operational.

The court's observations on dissolution of the above poverty line list of beneficiaries also hold a potential headache for both the NAC and the government.

Going by existing norms, only 27% of the population (as per the figures recorded in 2000) is `approved' as living below the poverty line and the Centre allocates subsidised foodgrains only for them. The rest come in the APL bracket irrespective of their real living standards.

While a majority of the NAC members have been arguing for doing away with such artificial cut-offs of who is poor and who is not, so far the government -- supported strongly by the Planning Commission -- has been keen to allow an increase in the number of beneficiaries to a very limited extent -- going by the Tendulkar Committee report and mindful of budgetary considerations. The top court's decision on the matter is bound to further complicate the calculation and decision making that the UPA would finally make.

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Read more: SC order on rotting grains queers govt, Cong's pitch - India - The Times of India http://timesofindia.indiatimes.com/india/SC-order-on-rotting-grains-queers-govt-Congs-pitch/articleshow/6470569.cms#ixzz0yFYXGEbd


Read more: SC order on rotting grains queers govt, Cong's pitch - India - The Times of India http://timesofindia.indiatimes.com/india/SC-order-on-rotting-grains-queers-govt-Congs-pitch/articleshow/6470569.cms#ixzz0yFYP7VuE


Read more: SC order on rotting grains queers govt, Cong's pitch - India - The Times of India http://timesofindia.indiatimes.com/india/SC-order-on-rotting-grains-queers-govt-Congs-pitch/articleshow/6470569.cms#ixzz0yFYGZHqp


1 Sep, 2010, 04.20AM IST,ET Bureau

SC talks tough to govt on rotting grain issue

NEW DELHI: The Centre's failure to prevent wastage of millions of tonnes of grain stored in godowns invited the Supreme Court's ire. In a stinging indictment, the Supreme Court charged the government with a callous approach and suggested remedial measures.

The court said it was concerned the government was allowing rotting of grain when millions in the country were going without two square meals a day. "The government should specify what it prefers — to waste grain or give it free of cost to the poor and the hungry," the apex court said.

A Bench comprising Justices Dalveer Bhandari and Deepak Verma, who subjected Mr Sharad Pawar to some verbal caning, said the food ministry was not serious about handling the peculiar situation of overflowing granaries and hungry stomachs.

Mr Pawar's statement on sugar prices also came in for criticism from the court. It said a recent remark of Mr Pawar that sugar prices may continue to rise before falling in the near future was an open invitation for hoarding. "This is an open invitation for hoarding. You are creating artificial scarcity."

In its observations, the Bench said it was willing to accept the claim of food security activists that grain was rotting in godowns. It said there was some truth in court commissioner NC Saxena's report that spoke about lakhs of tonnes of grain going waste.

The Bench also rejected the argument of additional solicitor general Mohan Parasaran that the problem has arisen on account of record procurement. "If your refrigerator has the capacity to store 10 bricks of ice cream, would you buy 100 bricks and allow 90 to melt away. Procure as much as you can store properly without wasting it," the Bench said. But the government just cannot afford to accept the suggestion to moderate procurement as it would expose the government to major onslaught from the powerful farm lobby.

Meanwhile, the Opposition stalled the Lok Sabha twice over the government's inability to handle the issue. BJP, which led the attack, got support from parties such as BSP, SP and the RJD.

1 Sep, 2010, 04.22AM IST, Dhananjay Mahapatra,TNN

SC reopens Bhopal case, notices to accused on homicide charge

NEW DELHI: No court has ever entertained a plea for reconsideration or review of its judgment after a lapse of 14 years.


But the Supreme Court on Tuesday took the unprecedented decision and agreed to have a relook at its 1996 judgment, which had diluted criminal charges against the accused from Section 304-II to Section 304A of Indian Penal Code. This resulted in the trial court on June 7 awarding them two years sentence for the worst-ever industrial disaster in December 1984 that killed more than 10,000 people and maimed over one lakh.


What followed was public outrage coupled with a shrill cry for justice from victims immediately after the trial court verdict convicting the accused but sentencing them to a maximum yet light punishment of two years jail term under Section 304A.


A three- judge Bench comprising Chief Justice S H Kapadia and Justices Altamas Kabir and R V Raveendran, in a swift chamber hearing of the curative petition, decided to issue notices to all the accused -- Keshub Mahindra, V P Gokhale, Kishore Kamdar, J Mukund, S P Chaudhary, K V Shetty, S I Qureshi and Union Carbide India Ltd -- and sought their response to the CBI's plea for fastening of Section 304-II charges against them.


With the issuance of notices to the accused, the curative petition will now be heard in open court. If the CBI's plea is allowed by the SC, then there will be a fresh trial under Section 304-II and if the prosecution succeeds in proving the charge, then the trial court could award a sentence upto 10 years imprisonment.


Drafted by advocate Devadatt Kamat and certified by attorney general G E Vahanvati as a fit case for reconsideration of the September 13, 1996 judgment rendered by a Bench of then CJI A M Ahmadi and S B Majmudar, the CBI's curative petition claimed that there was enough evidence on record to sustain Section 304-II charges.


The agency accused all of them of deliberately ignoring mechanical faults in the pipeline connecting the tanks which stored deadly methyl iso-cyanate that led to its leakage on December 2, 1984 resulting in the death of thousands and injury to over a lakh.


"The perpetrators behind the leakage of MIC gas from the UCIL plant should not be allowed to walk away with a minimal punishment of two years under Section 304A in one of the world's biggest industrial catastrophes, despite ample evidence to show the commission of an offence under Section 304-II of the IPC," the CBI said.


Vahanvati had given a carefully worded certificate saying this petition needed to be entertained as it fell in the "rarest of rare" category where the apex court could correct a judgment that resulted from mis-reading of solid evidence presented by CBI showing culpability of the accused under Section 304-II.


The CBI minced no words in describing the lack of logic in the 1996 judgment and justified the state action, though delayed, in taking corrective step. "It is an attempt by the government to set right gross miscarriage and perpetuation of irremediable injustice being suffered by the victims in particular, the society at large and the nation as a whole," it said.


The agency said though a certain amount of compensation and rehabilitation was done with the fund of $470 million provided by UCIL, it was not enough to get away with minimal punishment.


"No amount of compensation or rehabilitation can substitute the loss of these innocent lives. The state is duty bound to ensure that justice is done to these thousands of persons who lost their lives," the agency said.


What is curative petition?


A curative petition is the last resort for a petitioner to point out mistake of law or fact considered by the Supreme Court in rendering a judgment and seek reconsideration. There is no time limit for filing a curative petition, though the court has specified that a plea for review has to be filed within 30 days of pronouncement of judgment.


The option of curative petition was devised by the SC in Rupa Ashok Hurra case [2002 (4) SCC 388] reflecting its anxiety to do complete justice in a case given the fallibility of human beings, including judges. Finality of judgments is an important fact, but the intention to do justice prevails over the former, as was evident from the 2002 judgment.


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"Until and unless the process of investigation is over, it is improper for me to react"
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Pawar asks distilleries to reserve 50 pc alcohol for ethanol

Hindustan Times - ‎8 hours ago‎
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BJP plans privilege motion against Pawar

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PCB to take action after British police investigation is over: Sharad Pawar

Sify - ‎Aug 30, 2010‎
International Cricket Council (ICC) President Sharad Pawar on Monday said that the Pakistani Cricket Board (PCB) would be able to take appropriate action in ...
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NCP chief Sharad Pawar at a party meeting in Mumbai. Ganesh Shirsekar

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Union Agriculture Minister and NCP president Sharad Pawar on Saturday favoured the Navi Mumbai site for the second airport in Mumbai and pointed out that ...
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No Indian link to match fixing controversy: Pawar

Samachar Today (blog) - ‎Aug 30, 2010‎
... Pakistan cricket team, International Cricket Council President Sharad Pawar said in Mumbai that there was no question of Indian link in the scandal. ...

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No proof to show Pawar influenced IPL exemption from tax: HC

Economic Times - ‎Aug 24, 2010‎
MUMBAI: Giving a clean chit to Sharad Pawar, the Bombay High Court today said there was "nothing on record" to show that the Union Minister influenced the ...
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Maharashtra ethanol makers to keep 50% alcohol for petrol blending

Business Standard - Sanjay Jog - ‎Aug 30, 2010‎
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No consensus over food bill in NAC meet

Hindustan Times - ‎Aug 30, 2010‎
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Daily News & Analysis - ‎Aug 21, 2010‎
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Rotting of foodgrains is shameful, says Pawar

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India Digest: I-T Finds Lalit Modi Link to 80 Crore Jet Deal

Wall Street Journal (blog) - ‎2 hours ago‎
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Plea of man claiming to be Pawar nephew dismissed

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NCP chief slams warring leaders, Calls for alliance with Cong for civic polls

Indian Express - ‎Aug 28, 2010‎
Even as he asked his party to work out an alliance with the Congress for the coming local body elections, NCP president Sharad Pawar on Saturday slammed ...

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Pawar slams Modi over Sohrabuddin case

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No forcible land takeover for SEZs: Pawar

Sify - ‎Aug 20, 2010‎
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Ticked off by apex court, Pawar falls in line

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Pawar keeps mum on CWG controversy

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Mid-Day

Mind your own beeswax

Mid-Day - ‎1 hour ago‎
Now, from Sunil Gavaskar to Sharad Pawar, everybody is butting in, into their private affair. Many others are being uselessly harassed by the same ...

Terrorism is colour-blind

Hindustan Times (blog) - ‎Aug 30, 2010‎
From my very personal standpoint, the best perspective in the hugely pretentious discourse has come from Nationalist Congress Party chief Sharad Pawar. ...

No hit in kharif output due to inadequate rains: Pawar

Economic Times - ‎Aug 13, 2010‎
13 Aug 2010, 1700 hrs IST, PTI NEW DELHI: Despite inadequate rains in some eastern states, Food and Agriculture Minister Sharad Pawar is optimistic that ...
Moneycontrol.com

Take opposition into confidence on N-Bill: NCP tells govt

Hindustan Times - ‎Aug 24, 2010‎
PTI Sharad Pawar's NCP, a key partner in the government, on Tuesday said that the nuclear liability bill should be passed by taking the opposition parties ...
Video: Why India has less compensation for Nuclear disaster?
Nuclear Bill is no more a 'liability' Mid-Day
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"The new provision will be applicable only for prospective information and not for past information"
4 hours ago Economic Times (32 occurrences)
more by Pranab Mukherjee
Oneindia

New India-Swiss pact not to recover black money: Pranab Mukherjee

Times of India - ‎19 hours ago‎
NEW DELHI: Finance minister Pranab Mukherjee on Tuesday clarified that the revised double taxation avoidance agreement India signed with Switzerland will ...
Video: Switzerland does not want dirty money: Foreign Min
Swiss account can be accessed only for taxation: Pranab Indian Express
Swiss treaty on black money doesn't cover past information Economic Times
Daily News & Analysis - Hindu Business Line
all 127 news articles »Email this story
The Hindu

It's final: Caste count part of census, says Pranab

Times of India - ‎6 hours ago‎
Finance minister Pranab Mukherjee told Lok Sabha that all political parties had supported the inclusion of caste in the census and there was no need for any ...
Stand-alone caste headcount too a certainty The Hindu
Cabinet nod for caste census soon, says Pranab Hindustan Times
'Cabinet to clear caste census' Indian Express
Chandigarh Tribune - Oneindia
all 40 news articles »
हिंदी मेंEmail this story
Oneindia

Govt defends Mamata's Lalgarh speech on Azad

Times of India - ‎7 hours ago‎
Bansal's statement came in the wake of sharp criticism by Opposition parties on Monday of finance minister Pranab Mukherjee's remark that he found "nothing ...
Pranab defends Mamata's stance on Azad's killing Financial Express
Azad remarks: Pranab supports Mamata Indian Express
CPI(M) slams UPA on Pranab supporting Mamata's remarks on Azad The Hindu
Oneindia - Live Punjab
all 90 news articles »
हिंदी मेंEmail this story

Trinamool Congress, Sudip Bandopadhyay, Manmohan Singh, Pranab Mukherjee ...

Times of India - ‎6 hours ago‎
MIDNAPORE/BEHRAMPORE: The Buddhadeb Bhattacharjee government's surrender-cum-compensation package for Maoists is finding takers in Jangalmahal. ...
Kansas City Star

India's GDP grew 8.8 percent in April-June quarter: Pranab Mukherjee

Sify - ‎14 hours ago‎
Finance Minister Pranab Mukherjee on Tuesday expressing confidence said the Indian economy has grown at a three-year-best, and has risen 8.8 percent in the ...
GDP growth encouraging: Pranab Mukherjee SME Times
Pranab Mukherjee sees FY11 GDP growth at 8.5-8.75% India Infoline.com
Q1 growth climbs to 8.8% on back of manufacturing Business Standard
Financial Express - Hindustan Times
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Mangalorean.com

Weapons stockpile heat on CPM

Times of India - ‎6 hours ago‎
NEW DELHI: Trinamool Congress MPs, led by chief whip Sudip Bandopadhyay, on Tuesday met PM Manmohan Singh and Union finance minister Pranab Mukherjee ...
Buddhadeb accuses UPA of withholding state's rightful dues Sify
TMC MPs meet PM, want withdrawal of central forces from WB IBNLive.com
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Calcutta Telegraph

Residency rules tightened for NRIs

Calcutta Telegraph - ‎6 hours ago‎
31: Finance minister Pranab Mukherjee has tightened residency rules for non-resident Indians (NRIs) for tax purposes. Under existing rules, NRIs need to ...

RBI unlikely to up rates any more

Times of India - ‎8 hours ago‎
Buoyed by the numbers, finance minister Pranab Mukherjee exuded confidence of a near 9% growth rate this financial year. ''The encouraging point is 12.4% ...
The Hindu

Pranab pledges full financial support for artificial turf

Hindustan Times - ‎Aug 29, 2010‎
PTI Union Finance minister Pranab Mukherjee today promised full monetary assistance to Bengal Hockey Association (BHA) for building artificial turfs near ...
Pranab confident of economy clocking over 8.5 pc growth The Hindu
CS saved India from going with begging bowl: Pranab IBNLive.com
Growth hope Calcutta Telegraph
indiablooms - International Business Times
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Winter session of Parliament likely from November 8

Daily News & Analysis - ‎13 hours ago‎
... of sittings came up for discussion at a meeting of the Cabinet Committee on parliamentary affairs, presided by finance minister Pranab Mukherjee. ...
Moneycontrol.com

New banks must be strong for financial inclusion: RBI

Moneycontrol.com - ‎15 hours ago‎
The government is also taking keen interest in expanding banking coverage to remote areas of the country with Finance Minister Pranab Mukherjee proposing ...

Mukherjee Seeks to Cut Company, Personal Tax Rates to Boost Growth to 10%

Bloomberg - Bibhudatta Pradhan, Kartik Goyal - ‎Aug 30, 2010‎
Finance Minister Pranab Mukherjee presented the direct tax bill that aims to reduce corporate tax to 30 percent from about 33.6 percent and exempt personal ...
Moneycontrol.com

Direct Taxes Code: Gains and losses

India Today - ‎21 hours ago‎
Finance Minister Pranab Mukherjee said while releasing DTC draft that 'To improve compliance further, tax laws need to be simple, stable and robust. ...
Pranab sweetens Direct Taxes Code for everyone Hindu Business Line
New tax code in House, kicks in from 2012 Hindustan Times
Pranab tables Direct Tax Code bill in Parliament Oneindia
TopNews Arab Emirates - Wall Street Journal (blog)
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Moneycontrol.com

BSE Sensex seen higher at 0.8 pct

International Business Times - Siddharthan Meganathan - ‎17 minutes ago‎
India's Finance Minister Pranab Mukherjee presents the annual budget, telecast on a large display screen on the facade of the Bombay Stock Exchange (BSE) ...
Market stages intraday recovery; breadth weak India Infoline.com
Market ekes out small gains after high intraday volatility India Infoline.com
BSE Advances 34 Points Amid GDP Growth Hopes Outlook
all 230 news articles »
BOM:500325Email this story

SNAPSHOT-Indian policy highlights on Tuesday, Aug 31

Reuters - ‎19 hours ago‎
India's economy is on track to grow 8.5 percent in the current fiscal year to end-March, Finance Minister Pranab Mukherjee said on Tuesday. ...
TSE:RIM
The Hindu

Pranab Mukherjee to visit Bangladesh today

Economic Times - ‎Aug 7, 2010‎
NEW DELHI: Finance Minister Pranab Mukherjee is scheduled to reach Bangladesh on Saturday afternoon with a billion-dollar credit package under which funds ...
Bangladesh to seek removal trade barriers during Pranab Mukherjee's visit Daily News & Analysis
Sinha debunks Mukherjee's high growth, high inflation theory Hindustan Times
India committed to assist Bangladesh in addressing development related ... Oneindia
The Hindu - Myiris.com
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Pranab helps break deadlock over MPs' salary hike

Economic Times - ‎Aug 21, 2010‎
NEW DELHI: The deadlock over MPs' salary hike ended on Saturday after the government's trouble-shooter Pranab Mukherjee met agitating parliamentarians who ...
Pranab meets BJP, RJD, SP leaders on salary issue Hindustan Times
Pranab breaks deadlock on MPs' pay hike Express Buzz
MPs' emoluments-hike likely to be more than decided by cabinet Sify
Daily News & Analysis
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EPA:MLACOEmail this story

Economy on track to grow 8.5% in FY11: FM

Economic Times - ‎19 hours ago‎
NEW DELHI: India's economy is on track to grow 8.5 percent in the current fiscal year to end-March, Finance Minister Pranab Mukherjee said on Tuesday. ...
Oneindia

Mamata Banerjee meets Manmohan Singh; Pranab Mukherjee, Chidambaram too present

Daily News & Analysis - ‎Aug 25, 2010‎
The meeting assumes significance as home minister P Chidambaram and finance minister Pranab Mukherjee were also present. The 40-minute meeting took place on ...
PM assures Mamata to take steps against 'armed' CPM cadres Times of India
Mamata meets PM, seeks end to joint operations Hindustan Times
UGC tells universities to verify certificates in time Indian Express
Economic Times - Calcutta Telegraph
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The Hindu

Mukherjee, banks differ on liquidity, rate hike plan

Hindustan Times - ‎Aug 14, 2010‎
Finance Minister Pranab Mukherjee said Saturday that banks will not raise their interest rates in response to the Reserve Bank of India's (RBI) tight ...
Video: The Mint Report - 21 July 2010
Banks unlikely to raise interest rates: FM Economic Times
FM says PSBs won't up rates, banks disagree Indian Express
Financial Express - Wall Street Journal
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TC denies reports of Mukherjee seeking explanation from Mamata

Hindustan Times - ‎Aug 15, 2010‎
PTI Trinamool Congress on Sunday dubbed reports that Finance Minister Pranab Mukherjee has asked party chief Mamata Banerjee to explain her reported open ...
Mukherjee visits Mamata, denies political agenda Economic Times
Mamata likely to attend Parliament, says Pranab Times of India
Pranab calls on Mamata The Hindu
Sify - Asian Age
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Moneycontrol.com

Pranab Mukherjee promises to demand more time for GST

India Infoline.com - ‎Aug 18, 2010‎
The Union Finance Minister Pranab Mukherjee had a meeting with the Empowered Committee of State Finance Ministers to finalize the draft Constitutional ...
States free to fix GST rates Hindu Business Line
Some BJP-ruled states still adamant on GST Financial Express
'Primacy of legislature in taxation supreme, inalienable' The Hindu
Economic Times - Livemint
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Mamata didn't contradict UPA on Azad: Pranab

Times Now.tv - ‎Aug 29, 2010‎
Finance Minister Pranab Mukherjee on Sunday (August 29) cleared the air on Railways Minister and Trinamool Congress (TMC) Chief Mamata Banerjee's remarks on ...

UPA mulls three key legislations in Parliament's winter session

Business Standard - ‎Aug 30, 2010‎
Terming the three bills as "very important" pieces of legislation, Finance Minister Pranab Mukherjee today said, "We (the government) can talk to the ...

Jharkhand budget leakage being probed: Mukherjee

Sify - ‎Aug 27, 2010‎
... investigating the media leak of the state's budget last year before it was presented in the Lok Sabha, Finance Minister Pranab Mukherjee said Thursday. ...

GST to roll out on time: Pranab Mukherjee

Moneycontrol.com - ‎Aug 22, 2010‎
Finance Minister Pranab Mukhejee has said that GST will be meet its deadline of April, 2011 reports CNBC-TV18's Siddarth Zarabi. ...
Pranab says political consensus must for GST rollout Business Standard
GST talks take a positive turn Calcutta Telegraph
State wants entry tax to be kept out of GST purview Sify
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Mukherjee lauds Bangladesh effort in tackling NE insurgency

Oneindia - ‎Aug 8, 2010‎
Dhaka, August 8 (ANI): Visiting Indian Finance Minister Pranab Mukherjee has appreciated the effort of the Bangladesh Government in tackling the menace of ...
Insurgency could still affect India-Bangladesh ties: Pranab Hindustan Times
Indian credit terms 'good': Bangladesh Times of India
India delays building homes for Bangla cyclone victims Sify
Indian Express - The Hindu
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Call on caste census by cabinet, says Pranab

Hindustan Times - ‎Aug 12, 2010‎
A day after a Group of Ministers gave the green signal for inclusion of caste in census, Finance Minister Pranab Mukherjee said on Thursday that a final ...
Caste census modalities not decided: Pranab Sify
Oppn restless, Pranab says Cabinet to fix caste in census Indian Express
Take up caste census now: OBC leaders Economic Times
Times of India - The Hindu
all 198 news articles »Email this story
Oneindia

Let's stick to goods and services tax timeline: Mukherjee

Sify - ‎Aug 18, 2010‎
Finance Minister Pranab Mukherjee Wednesday urged his counterparts from states to work toward meeting the April 2011 deadline to start the pan-India goods ...
India to surrender aid if UK decides to cut it: Pranab Economic Times
India will turn down UK aid on its own, says Pranab Indian Express
Govt to introduce bill to hike MPs' salaries soon Oneindia
India Today - Bank Bazaar
all 53 news articles »Email this story
International Business Times

PROFILE - Finance minister Pranab Mukherjee

Reuters India - Vijay Mathur, Abhijit Neogy - ‎Aug 23, 2010‎
File photo of India's Finance Minister Pranab Mukherjee as he speaks during a business meeting in New Delhi July 7, 2009. -- A master of India's turbulent ...
Double digit food inflation matter of concern- Says Pranab TopNews
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India top court reopens Bhopal gas tragedy case

GulfNews - Ajay Jha - ‎8 hours ago‎
A file photo shows the pictures of deceased Bhopal gas leak victims in a hospital in Bhopal, Madhya Pradesh. ...
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Supreme Court reopens Bhopal Gas Tragedy case Sify
NDTV.com - Bloomberg
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हिंदी मेंEmail this story

Apex court issues notice to Bhopal Gas accused

Sify - ‎18 hours ago‎
The Supreme Court Tuesday issued notice to all the eight accused in the Bhopal gas tragedy on a petition filed by the Central Bureau of Investigation (CBI) ...

SC to examine Ahmadi's Bhopal verdict

Economic Times - ‎5 hours ago‎
... of the judgement delivered by chief justice AM Ahmadi, in 1996, which diluted charges against Union Carbide officials in the Bhopal gas tragedy. ...

Bhopal Gas Tragedy: Seek relief from Dow Chemicals, says Oppn

Economic Times - ‎Aug 11, 2010‎
NEW DELHI: The Centre on Wednesday rejected the Opposition's contention that charges in the case pertaining to the Bhopal Gas Tragedy had been diluted under ...
Sushma calls for Parliament resolution on Bhopal gas tragedy Hindustan Times
Chidambaram: successive governments failed to address gas tragedy victims issue The Hindu
Oppn for more relief to Bhopal gas victims Times of India
Sify - Indian Express
all 310 news articles »Email this story
Kansas City Star

Bhopal gas tragedy is a closed case now: US

NDTV.com - ‎Aug 19, 2010‎
PTI, Updated: August 20, 2010 09:22 IST Washington: The United States on Thursday said that the Bhopal gas tragedy is a closed case now. ...
Video: No link between aid and Dow issue: Montek
US denies linking investment ties to Bhopal disaster Economic Times
US denies Dow 'threat' The Hindu
The Associated Press - The Australian
all 344 news articles »Email this story

Drinking water stinks in colonies of Bhopal victims

The Hindu - Mahim Pratap Singh - ‎Aug 29, 2010‎
... activists allege that the Madhya Pradesh government remains lackadaisical to the plight of victims and survivors of the Bhopal gas tragedy. ...

Govt to file curative petition in SC on Bhopal gas tragedy

Times of India - ‎Aug 16, 2010‎
Recently, the Cabinet had announced a Rs 1265.56 crore package for Bhopal gas victims. It had decided that an ex- gratia of Rs 10 lakh would be given to the ...
Central Government to seek enhanced compensation on Bhopal Gas Tragedy Sify
all 11 news articles »Email this story
The Hindu

Bhopal gas tragedy was handled poorly, accepts Sonia

Sify - ‎Aug 19, 2010‎
Pointing out inadequacies in the manner in which successive governments have dealt with the Bhopal gas tragedy, Congress president Sonia Gandhi said ...
Sonia talks, but not about Anderson Asian Age
Sonia: Let Games finish, guilty won't be spared Indian Express
Pro-tribal policy key to beat Naxals: Sonia India Today
The Hindu - Economic Times
all 216 news articles »Email this story

Bhopal gas tragedy is a closed case now: US

The Hindu - ‎Aug 20, 2010‎
Washington: The United States said on Friday the Bhopal gas tragedy was a closed case now. State Department Spokesman PJ Crowley was answering reporters' ...

Congress received money from Carbide: Jethmalani

The Hindu - ‎Aug 29, 2010‎
Rajya Sabha Member Ram Jethmalani on Sunday accused the Congress of receiving payments from Union Carbide after the Bhopal gas tragedy and demanded that all ...
  1. Bhopal disaster - Wikipedia, the free encyclopedia

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Judicial activism

From Wikipedia, the free encyclopedia
Jump to: navigation, search
Judicial activism is used to describe judicial rulings suspected of being based on personal or political considerations rather than on existing law. It is sometimes used as an antonym of judicial restraint.[1]:1 The definition of judicial activism, and which specific decisions are activist, is a controversial political issue, particularly in the United States. The question of judicial activism is closely related to constitutional interpretation, statutory construction, and separation of powers.

Contents

[hide]

[edit] Origins of the term

Arthur Schlesinger Jr. introduced the term "judicial activism" in a January 1947 Fortune magazine article titled "The Supreme Court: 1947."[2]
" Schlesinger's article profiled all nine Supreme Court justices on the Court at that time and explained the alliances and divisions among them. The article characterized Justices Black, Douglas, Murphy, and Rutledge as the "Judicial Activists" and Justices Frankfurter, Jackson, and Burton as the "Champions of Self Restraint." Justice Reed and Chief Justice Vinson comprised a middle group. — Keenan D. Kmiec[3] "
From the very beginning, the phrase was controversial. An article by Craig Green, An Intellectual History of Judicial Activism, is highly critical of Schlesinger's use of the term. "Schlesinger's original introduction of judicial activism was doubly blurred: not only did he fail to explain what counts as activism, he also declined to say whether activism is good or bad."[4]

[edit] Definitions

Black's Law Dictionary defines judicial activism as a "philosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors, to guide their decisions."[5]
Political science professor Bradley Canon has posited six dimensions along which judge courts may be perceived as activist:[6]:239 majoritarianism, interpretive stability, interpretive fidelity, substance/democratic process, specificity of policy, and availability of an alternate policymaker. David Strauss has argued that judicial activism can be narrowly defined as one or more of three possible actions: overturning laws as unconstitutional, overturning judicial precedent, and ruling against a preferred interpretation of the constitution.[7]
Others have been less confident of the term's meaning, finding it instead to be little more than a rhetorical shorthand. Kermit Roosevelt III stated that "in practice 'activist' turns out to be little more than a rhetorically charged shorthand for decision the speaker disagrees with";[8]:2-3 likewise, former Solicitor General under George W. Bush Theodore Olson stated in an interview on Fox News Sunday, in regards to a case for same-sex marriage he had successfully litigated for, that "most people use the term "judicial activism" to explain decisions that they don't like."[9]:2 Others such as current Supreme Court Justice Anthony Kennedy have scolded this approach as unhelpful because it relies on subjective judgments.[10][11]

[edit] Debate

Detractors of judicial activism charge that it usurps the power of the elected branches of government or appointed agencies, damaging the rule of law and democracy.[12] Defenders of judicial activism say that in many cases it is a legitimate form of judicial review, and that the interpretation of the law must change with changing times.
A third view is that so-called "objective" interpretation of the law does not exist. According to law professor Brian Z. Tamanaha, "Throughout the so-called formalist age, it turns out, many prominent judges and jurists acknowledged that there were gaps and uncertainties in the law and that judges must sometimes make choices."[13]
Some proponents of a stronger judiciary argue that the judiciary helps provide checks and balances and should grant itself an expanded role to counterbalance the effects of transient majoritarianism, i.e. there should be an increase in the powers of a branch of government which is not directly subject to the electorate, so that the majority cannot dominate or oppress any particular minority through its elective powers.[14] Moreover, they argue that the judiciary strikes down both elected and unelected official action, that in some instances acts of legislative bodies reflect the view the transient majority may have had at the moment of passage and not necessarily the view the same legislative body may have at the time the legislation is struck down, that the judges that are appointed are usually appointed by previously elected executive officials so that their philosophy should reflect that of those who nominated them, that an independent judiciary is a great asset to civil society since special interests are unable to dictate their version of constitutional interpretation with threat of stopping political donations.

[edit] Examples

The following have been cited as examples of judicial activism:

[edit] Geographical differences

While the term was first coined and is often used in the United States, it has also been applied in other countries, particularly common law jurisdictions.

[edit] See also

[edit] Notes

  1. ^ Christopher Wolfe, Judicial activism, Rowman & Littlefield, ISBN 0847685314.
  2. ^ Keenan Kmiec in a 2004 California Law Review article
  3. ^ Keenan D. Kmiec, The Origin and Current Meanings of "Judicial Activism," 92 Cal. L. Rev. 1441, 1447 (2004).]
  4. ^ http://works.bepress.com/cgi/viewcontent.cgi?article=1000&context=roger_craig_green p. 4
  5. ^ As quoted in "Takings Clause Jurisprudence: Muddled, Perhaps; Judicial Activism, No" DF O'Scannlain, Geo. JL & Pub. Pol'y, 2002
  6. ^ Bradley C. Canon - "Defining the Dimensions of Judicial Activism", Judicature, 66.6, 1983
  7. ^ [1]
  8. ^ Kermit Roosevelt, III, The Myth of Judicial Activism: Making Sense of Supreme Court Decisions, Yale University Press, 2008, ISBN 0300126913, 9780300126914.
  9. ^ Wallace, Chris; Olson, Theodore (August 8, 2010). "Ted Olson on Debate Over Judicial Activism and Same-Sex Marriage". Fox News Sunday (Fox News Channel). http://www.foxnews.com/on-air/fox-news-sunday/transcript/ted-olson-debate-over-judicial-activism-and-same-sex-marriage. 
  10. ^ Frederick P. Lewis, The context of judicial activism: the endurance of the Warren Court legacy in a conservative age, Rowman & Littlefield: 1999, ISBN 0847689921
  11. ^ Matt Sedensky, "Justice questions way court nominees are grilled," Associated Press, May 14, 2010, accessed May 14, 2010.
  12. ^ Justice Antonin Scalia's dissent in Romer v. Evans[2]
  13. ^ Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging, Princeton University Press, 2010
  14. ^ John Hart Ely, Democracy and Distrust. Cambridge: Harvard University Press, 1980, chapters 4-6.
  15. ^ Vincent Martin Bonventre, "Judicial activism, judges' speech, and merit selection: conventional wisdom and nonsense", Albany Law Review, Summer 2005, [3]
  16. ^ http://www.committeeforjustice.org/blog/2009/01/roe-v-wade-and-judicial-activism.html
  17. ^ Mann, Thomas E. (January 26, 2010). "Commentary: Citizens United vs. FEC is an egregious exercise of judicial activism". McClatchy News Service. http://www.mcclatchydc.com/2010/01/26/82982/commentary-citizens-united-is.html. Retrieved 2010-04-29. 
  18. ^ "California Officials React To Proposition 8 Ruling". KRCR-TV. 2010-08-04. http://www.krcrtv.com/news/24515963/detail.html. Retrieved 2010-08-05.  Congressman Wally Herger issued a statement, "This is simply another example of judicial activism and legislating from the bench..."
    *Graves, Bill (2010-08-04). "California court ruling lifts hopes for Oregon gay marriage supporters". The Oregonian. http://www.oregonlive.com/politics/index.ssf/2010/08/california_court_ruling_lifts.html. Retrieved 2010-08-05.  Tim Nashif, political director of the Oregon Family Council, "We think it is judicial activism at its worst."
    *Donovan, Charles A (2010-08-04). "Prop. 8 ruling an act of extreme judicial activism". Orange County Register. http://www.ocregister.com/opinion/marriage-260724-state-judge.html. Retrieved 2010-08-05.  Charles A. Donovan of the Heritage Foundation, "Today's decision by a federal district judge in San Francisco striking down state constitutional protections for marriage and inventing a spurious federal constitutional right to same-sex marriage is an example of extreme judicial activism."

[edit] References

[edit] Further reading

[edit] Legal books

  • Paul O. Carrese, 2003. The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism (Chicago: University of Chicago Press).
  • Duncan Kennedy, 1998. A Critique of Adjudication (Cambridge, MA: Harvard University Press).
  • Carrol D. Kilgore, 1977. Judicial Tyranny: An Inquiry into the Integrity of the Federal Judiciary (Thomas Nelson). ISBN 978-0840740601
  • 105th Cong., I @ Sess. I, 1997. Judicial Activism: Defining the Problem and its Impact: Testimony before the Subcommittee on the Constitution, Federalism & Property Rights (U.S. G.P.O., Supt. of Docs., Congressional Sales Office Publishers), 205pp. ISBN 0-16-055917-0
  • Sterling Harwood, 1996. Judicial Activism: A Restrained Defense (London: Austin & Winfield Publishers), 167pp. ISBN 1-880921-68-5.
  • Christopher Wolfe, 1997. Judicial Activism, 2nd ed. (Totowa, NJ: Rowman & Littfield Publishers, Inc.).
  • Kenneth M. Holland, editor, 1991. Judicial Activism in Comparative Perspective (Palgrave Macmillan).
  • Ronald Dworkin, 1988. Law's Empire (Cambridge, MA: Harvard University Press).
  • Alexander M. Bickel, 1986. The Least Dangerous Branch 2nd ed. (New Haven, CT: Yale University Press).
  • Arthur Selwyn Miller, 1982. Toward Increased Judicial Activism (Greenwood Press).
  • Ronald Dworkin, 1977. Taking Rights Seriously (Cambridge, MA: Harvard University Press).
  • Lino A. Graglia, 1976. Disaster by Decree (Ithaca, NY: Cornell University Press).
  • Michael Rebell and Arthur R. Block, 1982. Educational Policy Making and the Courts: An Empirical Study of Judicial Activism (Chicago: University of Chicago Press).
  • H.L.A. Hart, 1961. The Concept of Law (Oxford: Oxford University Press).

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