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.
The New Dictionary of Cultural Literacy, Third Edition Copyright © 2005 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.
How to use judicial restraint in a sentence
It seems to me that the reversal of a half-century of judicial restraint in the economic realm comes within that category.
For one thing, Roberts has proved that at least some conservatives really believed all that talk about judicial restraint.Obamacare Ruling: Peter Beinart on the Favor Justice Roberts Did the Right | Peter Beinart | June 28, 2012 | THE DAILY BEAST
First, all right-wingers with integrity should feel encouraged by the fact that judicial restraint is alive and well.Consolation for Conservatives: Upsides From the Health Care Ruling | Michael Medved | June 28, 2012 | THE DAILY BEAST