flowpac.blogg.se

Some of those are listed below:Īuburn University- In the Glossary of Political Economy Terms, published by Auburn University, the glossary defines judicial restraint as the “view that the Supreme Court (and other lesser courts) should not read the judges' own philosophies or policy preferences into the constitution and laws and should whenever reasonably possible construe the law so as to avoid second guessing the policy decisions made by other governmental institutions such as Congress, the President and state governments within their constitutional spheres of authority. The term "judicial restraint" has a number of varying definitions. Judicially-restrained judges respect stare-decisis, the principle of upholding established precedent handed down by past judges. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional. Judicial Restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. Meaning and Definition of Judicial Restraint and Judicial Activism Ø Judicial Restraint

At most level, judicial activism refers to a theory of judgment that takes into account the spirit of the law and the changing times, while judicial restraint relies on a strict interpretation of the law and the importance of legal precedent. Judicial activism and Judicial restraint are the two terms used to describe the philosophy and motivation behind some judicial decision. The concept of Judicial activism is thus the polar opposite of Judicial restraint. Judicial activism and judicial restraint are facets of that uncourageous creativity and pragmatic wisdom. The Judiciary has been assigned active role under the constitution.

Judicial activism and Judicial restraint are the two terms used to describe the philosophy and motivation behind some judicial decision