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.

---

Example Sentences

See Examples For:

judicial restraint

This was an incredibly unusual step: When a case can be decided on either constitutional or statutory grounds, principles of judicial restraint say that the court should decide the statutory question first.

From Slate ● Jun. 23, 2026

In his first term as president, he acted as a conservative who sought to minimize the power of centralized government, unleash the economy and restore judicial restraint to the courts.

From The Wall Street Journal ● May 31, 2026

Speaking for the court, Sutton argued for judicial restraint.

From Los Angeles Times ● May 7, 2024

In a brief concurring opinion, Judge Gibbons signaled that as a matter of judicial restraint the courts should defer to OSHA’s expertise.

From New York Times ● Dec. 17, 2021

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 Robert M. Vogel