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

No one is more vindicated by this unusual exercise of judicial restraint than Justice Ketanji Brown Jackson.

From Slate

That choice may be framed as judicial restraint.

From Slate

Speaking for the court, Sutton argued for judicial restraint.

From Los Angeles Times

“From the first page to the last, today’s opinion departs from the demands of judicial restraint,” she wrote.

From Slate

“He’s running a bit of a traditional campaign talking about larger issues of judicial restraint and things of that nature,” said Mr. Walker, the former governor who appointed Justice Kelly to the State Supreme Court in 2016.

From New York Times