Definition
Judicial restraint emphasizes narrow decisions, respect for precedent, avoidance of unnecessary constitutional rulings, and deference to elected institutions when law permits.
Political Dictionary
Judicial Restraint
Judicial restraint is an approach favoring caution and deference by courts.
Why It Matters
It seeks to limit judicial policymaking and preserve democratic decision-making.
How It Works
A restrained court may resolve a case on statutory grounds rather than announce a broad constitutional rule.
History
The approach developed through longstanding debates about judicial power.
Example
A court may uphold a law when the Constitution leaves policy choices to legislators.
Common Misconceptions
- Judicial restraint means courts never strike down laws.
- It always produces conservative outcomes.
- It requires ignoring constitutional rights.
Related Terms
Related Topics
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