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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 (locus standi) and a reluctance to grant certiorari; [1] and a tendency ...
The Rehnquist Court: Judicial Activism on the Right. New York: Hill and Wang. ISBN 978-0-8090-8074-8. Stern, Seth, and Stephen Wermiel. Justice Brennan: liberal champion (Houghton Mifflin Harcourt, 2010), 674 pages; detailed scholarly biography; Tushnet, Mark (2005). A Court Divided: The Rehnquist Court and the Future of Constitutional Law.
As ongoing debates about judicial activism and judicial restraint attest, legal scholars continue to disagree about when, if ever, it is legitimate for judges to "make law", as opposed to merely "following" or "applying" existing law. [21]
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 ]
To further discern the justices' ideological leanings, researchers have carefully analyzed the judicial rulings of the Supreme Court—the votes and written opinions of the justices—as well as their upbringing, their political party affiliation, their speeches, their political contributions before appointment, editorials written about them at the time of their Senate confirmation, the ...
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 ...
Rowell, 121 N.M. 111, 114, 908 P.2d 1379, 1382 (1995) When the meaning of a statute is unclear or ambiguous, we have recognized that it is "the high duty and responsibility of the judicial branch of government to facilitate and promote the legislature's accomplishment of its purpose."
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 ...