What does judicial restraint mean?
Definitions for judicial restraint
ju·di·cial re·straint
This dictionary definitions page includes all the possible meanings, example usage and translations of the word judicial restraint.
Wikipedia
Judicial restraint
Judicial restraint is a judicial interpretation that recommends favoring the status quo in judicial activities; it is the opposite of judicial activism. Aspects of judicial restraint include the principle of stare decisis (that new decisions should be consistent with previous decisions); a conservative approach to standing and a reluctance to grant certiorari; and a tendency to deliver narrowly tailored verdicts, avoiding "unnecessary resolution of broad questions."Judicial restraint may lead a court to avoid hearing a case in the first place. The court may justify its decision by questioning whether the plaintiff has standing; or by refusing to grant certiorari; or by determining that the central issue of the case is a political question better decided by the executive or legislative branches of government; or by determining that the court has no jurisdiction in the matter. Judicial restraint may lead a court to decide in favor of the status quo. In a case of judicial review, this may mean refusing to overturn an existing law unless the law is flagrantly unconstitutional (though what counts as "flagrantly unconstitutional" is itself a matter of some debate). On an appeal, restraint may mean refusing to overturn the lower court's ruling. In general, restraint may mean respecting the principle of stare decisis — that new decisions should show "respect [...] for its own previous decisions.": 287 Judicial restraint may lead a court to rule narrowly, avoiding "unnecessary resolution of broad questions" (also known as judicial minimalism.) Restrained rulings are small and case-specific, rather than broad and sweeping. Restrained rulings also hesitate to justify themselves in terms of previously unidentified rights or principles.
Wikidata
Judicial restraint
Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional, though what counts as obviously unconstitutional is itself a matter of some debate. 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. Former Associate Justice Oliver Wendell Holmes Jr., considered to be one of the first major advocates of the philosophy, would describe the importance of judicial restraint in many of his books. Former Associate Justice Felix Frankfurter, a Democrat appointed by Franklin Roosevelt, is generally seen as the "model of judicial restraint". Judicially-restrained judges respect stare decisis, the principle of upholding established precedent handed down by past judges. When Chief Justice Rehnquist overturned some of the precedents of the Warren Court, Time magazine said he was not following the theory of judicial restraint. However, Rehnquist was also acknowledged as a more conservative advocate of the philosophy.
Numerology
Chaldean Numerology
The numerical value of judicial restraint in Chaldean Numerology is: 2
Pythagorean Numerology
The numerical value of judicial restraint in Pythagorean Numerology is: 4
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"judicial restraint." Definitions.net. STANDS4 LLC, 2024. Web. 25 Apr. 2024. <https://www.definitions.net/definition/judicial+restraint>.
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