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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 ...
independent judicial review of arbitration clause: Adarand Constructors v. Peña: 515 U.S. 200 (1995) constitutionality of race-based set-asides (strict scrutiny test) Witte v. United States: 515 U.S. 389 (1995) using "relevant conduct", as defined by the Federal Sentencing Guidelines, at sentencing does not violate double jeopardy principles ...
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 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]
Largely associated with Cass R. Sunstein, it is a viewpoint which criticizes the more conservative stance of originalism as being judicial activism in disguise. Minimalists believe that a faithful application of originalist theory would result in a system of constitutional law in which modern societal standards would be ignored, in favor of the now-antiquated opinions held by the Founding ...
The court released a trio of opinions Friday that defer to the state's general assembly on matters of election law, handing Republicans a victory prior to the 2024 election cycle.
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.
However, an appellate judge ruled in the TV network's favor, arguing that such a ban would be an "impermissible prior restraint on speech that violates the First Amendment of the U.S. Constitution."