judicial restraint

Cautious court philosophy

Judicial restraint is a philosophy holding that courts should defer to the legislative and executive branches, interpreting laws narrowly and avoiding broad rulings that make new policy.

Judges practicing restraint hesitate to overturn precedent or strike down laws, intervening only when constitutional violations are clear.

The opposite approach is judicial activism.

The conservative justice was known for judicial restraint.

doctrine

precedent

Prior authoritative example

deference · ripeness · standing · mootness

conservative

Scalia

Alito · textualism · limited government · states' rights · federalism

constitutional

separation of powers

Constitutional distribution of authority

enumerated powers · departmentalism · ratification · bill of rights · due process · equal protection · supremacy clause · amendment

disposition

prudence

Careful, wise judgment

judiciousness · moderation · temperance · humility · measured · incremental · narrow · cautious · deferential · reserved

procedural

case-by-case

Evaluated separately, not uniformly

justiciability · severability

Categories
Opposites
judicial philosophy

judicial restraintjudicial activism

Broad court interpretation philosophy

legislating from the bench · creative interpretation

Family

judicial, restraint, judging, judged, judges, judgement, judgment, judicially, judiciary

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Timeless · Abstract · Rated G