The constitutional limits of judicial activism: judicial conduct of international relations and child abduction

Young, James Robert 2003. The constitutional limits of judicial activism: judicial conduct of international relations and child abduction. Modern Law Review 66 (6) , pp. 823-836. 10.1046/j.1468-2230.2003.06606001.x

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Abstract

Judges are increasingly visible in their participation in activities off the bench. This may create difficulties in drawing the line between their duties in court and their other activities. However, if judges are not acutely aware of the importance of this line their extra-curial activities may interfere with their judicial duties. This article considers the failure to observe the importance of this differentiation in the context of international child abduction. It is argued that some judges, on and off the bench, have wrongly taken over the role of the executive in international relations and that such activity jeopardises the independence of the judiciary. This raises broader issues, in particular it suggests that some judges are being seduced into exceeding their proper judicial role, by working with government in policy-making and by their increasing contacts with judges from other countries.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Law
Subjects:	K Law > K Law (General)
Publisher:	Wiley-Blackwell
ISSN:	0026-7961
Last Modified:	16 Oct 2020 01:54
URI:	https://orca.cardiff.ac.uk/id/eprint/57480

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