Judicial restraint is the philosophy that judges and justices should defer to written legislation whenever possible, if it is not in conflict with the Constitution. A justice who uses judicial restraint tends to take a narrower view of the Constitution and does not attempt to broaden the definition of Amendments to fit a particular social or political agenda.
The opposite of judicial restraint is judicial activism.
For more information on the debate between judicial activism and judicial restrain, see Related Links, below.
Judicial restraint. The opposite of judicial restraint is judicial activism.For more information about the controversy over judicial activism and judicial restraint, see Related Questions, below.
It did not seem to be judicial activism as there wasn't a larger issue at hand. Rather, the final decision appears historically to be judicial partisanship.
Judicial activism weakens the separation of powers by involving the Court in what are traditionally executive and legislative functions. Judicial restraint reinforces separation of powers.
Judicial restraint is sometimes regarded as the opposite of judicial activism. In deciding questions of constitutional law, judicially restrained jurists go to great lengths to defer to the legislature.
Following precedent or stare decisis.
The types of judicial philosophy include judicial activism, judicial restraint, loose constructionism and strict constructionism.
Doctrinalism relies on the principle of stare decisis.Judicial restraint relies on a narrow interpretation of the text of the Constitution and the Framers' inferred intent in decision-making. If the precedent being relied upon under stare decisis was made using judicial restraint, then adhering to the precedent also involves judicial restraint; if the controlling precedent being used represents an instance of judicial activism, then upholding the precedent also requires a (lesser) degree of judicial activism.The concepts of judicial restraint and judicial activism relate to decisions based on a particular theoretical view of the Constitution and its purpose. Stare decisis relates to consistency in upholding case law, regardless of whether the precedent was originally determined via activism or restraint.
judicial restraint.
felix frankfurter
Prior Restraint
Judicial restraint is the theory that judges should limit their exercise of power and strike down laws only when they are obviously unconstitutional, and always follow precedents set by older courts. Judicial activism is the opposite view, and is sometimes meant to imply politically motivated judicial decisions.
The Dred Scott decision and a philosophy of judicial restraint