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

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

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

“This faux judicial restraint is judicial obfuscation,” Justice Scalia, who died in 2016, wrote at the time.

From New York Times • Jun. 24, 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.