judicial restraint

Cultural  

1. A view, associated with Felix Frankfurter among others, that judges should be reluctant to declare legislative enactments unconstitutional unless the conflict between the enactment and the Constitution is obvious. The doctrine is akin to, but not identical with, narrow construction, and it is the opposite of judicial activism.

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Example Sentences

That choice may be framed as judicial restraint.

From Slate • Jan. 14, 2026

Speaking for the court, Sutton argued for judicial restraint.

From Los Angeles Times • May 7, 2024

Upon repeated questioning, Jackson embraced judicial restraint and the narrow role of the court in interpreting the law and, by all accounts, demonstrated that she is in the judicial mainstream.

From Washington Post • Mar. 25, 2022

“We accordingly abide by what has been called a ‘cardinal principle of judicial restraint — if it is not necessary to decide more, it is necessary not to decide more,’” she wrote.

From Seattle Times • Feb. 3, 2022

The European city simply did not develop with the lack of judicial restraint which characterized metropolitan growth in the United States.

From Elevator Systems of the Eiffel Tower, 1889 by Vogel, Robert M.