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Judicial restraint is a judicial interpretation that recommends favoring the status quo in judicial activities and 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; [1] and a tendency to deliver ...
[a] [84] The primary difference between these two blocs was that the Four Horsemen embraced the substantive due process doctrine, but the liberals, including Louis Brandeis, advocated for judicial restraint, or deference to legislative bodies. [85] Hughes and Roberts were the swing justices between the two blocs for much of the 1930s. [86]
Judicial activism is a judicial philosophy holding that courts can and should go beyond the applicable law to consider broader societal implications of their decisions. It is sometimes used as an antonym of judicial restraint. [1] The term usually implies that judges make rulings based on their own views rather than on precedent. [2]
In the United States, strict constructionism is a particular legal philosophy of judicial interpretation that limits or restricts the powers of the federal government only to those expressly, i.e., explicitly and clearly, granted to the government by the United States Constitution.
The avoidance doctrine flows from the canon of judicial restraint and is intertwined with the debate over the proper scope of federal judicial review and the allocation of power among the three branches of the federal government and the states. It is also premised on the "delicacy" and the "finality" of judicial review of legislation for ...
Judicial restraint, a theory of judicial interpretation that encourages judges to limit the exercise of their own power; Prior restraint, a government's actions that prevent materials from being distributed; Restraint on alienation, in property law, a clause that seeks to prohibit the recipient of property from transferring his or her interest
His adherence to judicial restraint during an era where conservative justices wielded the judicial power through the derogation canon and the "plain meaning rule" to strike down progressive laws has been described as liberal by some commentators. [3] [4] Frankfurter served on the Court until his retirement in 1962, and was succeeded by Arthur ...
My gut feeling is that this Wikipedia article is pretty far off base in terms of the true meaning of judicial restraint. To quote from the Britannica article, judicial restraint "urges judges considering constitutional questions to grant substantial deference to the views of the elected branches." --Westwind273 17:16, 5 May 2022 (UTC)