JUDICIAL RESTRAINT Meaning and
Definition
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Judicial restraint is a legal and constitutional concept that refers to a philosophy or approach taken by judges in interpreting and applying the law. It denotes a theory that judges should exercise caution and restraint in their decision-making process, limiting themselves to the words and intent of a statute or the Constitution without imposing their personal beliefs or opinions.
When judges exercise judicial restraint, they prioritize interpreting laws and the Constitution according to their original meaning, giving deference to the legislative and executive branches' prerogatives and avoiding broad interpretations that may lead to the creation of new laws or policy-making. Judicial restraint proponents argue that this approach ensures a stable and predictable legal system, where change is primarily driven through legislative action rather than judicial decree.
The principle of judicial restraint is generally associated with conservative or strict constructionist judges who advocate for minimal judicial intervention in political matters and a narrow interpretation of the Constitution. Critics of judicial restraint argue that it can limit the court's ability to protect individual rights and enforce equal protection, leading to potential injustices or perpetuating the status quo.
Overall, judicial restraint is a guiding principle that advises judges to exercise self-restraint and adhere to a modest interpretation of the law, leaving policy decisions and social changes primarily to the elected branches of government.
Common Misspellings for JUDICIAL RESTRAINT
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Etymology of JUDICIAL RESTRAINT
The term "judicial restraint" comes from the combination of two words: "judicial" and "restraint".
1. Judicial: The word "judicial" is derived from the Latin term "judicium", meaning "judgment". It dates back to the 14th century and describes anything related to courts of law, judges, or legal proceedings.
2. Restraint: The term "restraint" originated from the Old French word "restreindre", which has its roots in the Latin word "restringere". "Restraining" means to hold back, limit, or control.
Therefore, the etymology of "judicial restraint" refers to the concept of judges or courts exercising limitations or self-control in making decisions, particularly in interpreting and applying the law.
