Search results
Results From The WOW.Com Content Network
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 (locus standi) and a reluctance to grant certiorari; [1] and a tendency ...
Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Austrian-born American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which he was an advocate of judicial restraint. Frankfurter was born in Vienna, immigrating to New York City at the age of 12.
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 ...
Alexander Mordecai Bickel (December 17, 1924 – November 7, 1974) was an American legal scholar and expert on the United States Constitution. One of the most influential constitutional commentators of the twentieth century, his writings emphasize judicial restraint. [4]
Billings Learned Hand (/ ˈ l ɜːr n ɪ d / LURN-id; January 27, 1872 – August 18, 1961) was an American jurist, lawyer, and judicial philosopher.He served as a federal trial judge on the U.S. District Court for the Southern District of New York from 1909 to 1924 and as a federal appellate judge on the U.S. Court of Appeals for the Second Circuit from 1924 to 1961.
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
An advocate of judicial restraint, Minton was a regular supporter of the majority opinions during his early years on the Court; he became a regular dissenter after President Dwight Eisenhower's appointees altered the court's composition. In 1956, poor health forced Minton to retire, after which he traveled and lectured until his death in 1965.
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]