MAGDALENE MAGAZINE - byline magdalene
Gentlemen and Female Readers,
 
 
 
I am the CEO for this company and the ethics of the main drive for an economic thrust into the future.
 
My background is covered in the resume section of our website.
 
 
Yet the main or innovative power is ours, in more modern terms that includes nontraditional training such as Trance and Business or the Mindfulness track for organizational decision-making, etc.
 
 
We are the organization of the Future with the gain/game in building Wealth.
 
  
Others are well known because of the momentum we bring, as they are not the visionary mode to the same degree
 
 
See Taurus vs. Eric Holder,   Google it!.
 
 
Go with the first Start and Gold!  See more information at Yahoo and Zimbio
for our Articles.
 
 
There is more to a prize for the highest journalists award, sometimes it takes a
 
 
parallel and a newly published work, Love and the Laws of the black hole;
 
 
from a petition borne/submitted to the Supreme Court begun a little over a year ago
 
 
Taurus V. Astrue and the Social Security Administration.  The Case involves a great deal to do with present writing and brief work, that was accepted to Conference level.
 
 
for those in litigation....the case still alive, Futuristic in nature!
 
 
Telepathy is a first index according to Venecian lore and this newly published
 
 
highlight in NYT bestseller, Amazon table of contents, more later as the manual is
 
 
studied for authenticity in actual Venus coordination and validity. 
 
 
For Is mary magdalene Venus is a question not for religion but of the study of the stars and the way Home.
 
 
There are many motifs in world literature which guide the questioning process through the dangers of the abyss or the black hole to the Feminine.
 
 
Business and the models of economy and the fruits of labor may quantify such question as we attempt here to do and have been a model for others sometimes correctly. sometimes not!
 
 
It is a worthy endeavor to study laws in an emergent solliloquy and Time and the manners of the Beauty...interior and with a new idea of correct apportionment.
 
This entails a more active or action or activism......
 
 
 
After reviewing this beginning synopsis of the culture in which our Company operates in collaboration, we feel sure that you will find that a place in our Force forward motif, especially in a Space Model itinerary that includes the encompassing Now, or mindfulness or Rule of Law.  
 
 
 
Wiki definition of........
Judicial activism describes 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. 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.
 
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Origins of the term[edit]
Arthur Schlesinger Jr. introduced the term "judicial activism" in a January 1947 Fortune magazine article titled "The Supreme Court: 1947".
The phrase has been controversial since its beginning. An article by Craig Green, "An Intellectual History of Judicial Activism," is 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."
Even before this phrase was first used, the general concept already existed. For example, Thomas Jefferson referred to the "despotic behaviour" of Federalist federal judges, in particular, John Marshall.
Definitions[edit]
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."
Political science professor Bradley Canon has posited six dimensions along which judge courts may be perceived as activist: 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.
Others have been less confident of the term's meaning, finding it instead to be little more than a rhetorical shorthand. Kermit Roosevelt III has argued that "in practice 'activist' turns out to be little more than a rhetorically charged shorthand for decisions the speaker disagrees with"; likewise, the solicitor general under George W. Bush, Theodore Olson, said in an interview on Fox News Sunday, in regards to a case for same-sex marriage he had successfully litigated, that "most people use the term 'judicial activism' to explain decisions that they don't like." Supreme Court Justice Anthony Kennedy has said that, "An activist court is a court that makes a decision you don't like."
Debate[edit]
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. 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."
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.
Moreover, they argue that the judiciary strikes down both elected and unelected official action, in some instances acts of legislative bodies reflecting 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. Also, 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.
Examples[edit]
The following are examples of judicial activism:
By geography[edit]
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.
India[edit]
India has a recent history of judicial activism, originating after the emergency in India which saw attempts by the Government to control the judiciary. The Public Interest Litigation was an instrument devised by the courts to reach out directly to the public, and take cognizance though the litigant may not be the victim."suo motu" cognizance allows the courts to take up such cases on its own. The trend has been supported as well criticized. New York Times author Gardiner Harris sums this up as
India’s judges have sweeping powers and a long history of judicial activism that would be all but unimaginable in the United States. In recent years, judges required Delhi’s auto-rickshaws to convert to natural gas to help cut down on pollution, closed much of the country’s iron-ore-mining industry to cut down on corruption and ruled that politicians facing criminal charges could not seek re-election. Indeed, India’s Supreme Court and Parliament have openly battled for decades, with Parliament passing multiple constitutional amendments to respond to various Supreme Court rulings.
All such carries the force of the Constitution of India Article 39A although before and during the Emergency the judiciary desisted from "wide and elastic" interpretations, termed Austinian, because Directive Principles of State Policy are non-justiciable. This despite the constitutional provisions for judicial review and B R Ambedkar arguing in the Constituent Assembly Debates that "judicial review, particularly writ jurisdiction, could provide quick relief against abridgment of Fundamental Rights and ought to be at the heart of the Constitution."
Fundamental Rights as enshrined in the Constitution have been subjected to wide review, as now said to be encompassing right to privacy and right to livelihood, right to education among others. The 'basic structure' of the Constitution has been mandated by the Supreme Court not to be alterable, notwithstanding the powers of the Legislative under Article 368. This was recognized, and deemed not applicable the High Court of Singapore in Teo Soh Lung v. Minister for Home Affairs.
Recent examples quoted include the order to Delhi Government to convert the Auto rickshaw to CNG, a move compared to have reduced Delhi's erstwhile acute smog problem (it is now argued to be back) and contrasted with Beijing's
Israel[edit]
The Israeli approach to judicial activism has transformed significantly in the last 3 decades, and currently presents an especially broad version of robust judicial review and intervention. Additionally, taking into consideration the intensity of public life in Israel and the challenges that the country faces (including security threats), the case law of the Israeli Supreme Court touches on diverse and controversial public matters.
 
 
 
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