This account demonstrates how the documents' focus on interactions considered judicially relevant deprived women's agency of its meaning.
If they were not, governmental fact-gathering powers were limited; if they were, then judicially-guarded constitutional protections for searches and witnesses applied.
Also, the feeling that we are all being judicially scrutinized has very greatly increased, which should make a minister pause.
Few contemplate legislative review and assume that the primary political obligation under a bill of rights is to redress judicially identified problems in legislation.
To some extent, this space will be secured by judicially enforceable rights that attach to particular activities such as speech.
But it seems preferable to practices that obscure the full consequences of judicial review by purporting to be modest when, in fact, they result in new, judicially created rules.
The modality of "protection," which we endorse as the proper modality of justice in the field of religious liberty, may generate a rich set of judicially enforceable liberties.
It was socially acknowledged and judicially enforced.
