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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 ...
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary.This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.
On the other hand, the Massachusetts Supreme Judicial Court cited the rule in Commonwealth v. Dayton [ 20 ] in ruling that the ambiguous language in the state's OUI law did not permit suspects to be held without bail unless they had been convicted three times under the statute, as opposed to being arrested three times.
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]
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
The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. [1] The other two are the "mischief rule" and the "golden rule". The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute.
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.
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)