Judicial Restraint

Definition

Judicial restraint is a theory of judicial interpretation that encourages judges to limit their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional.

Related terms

Originalism: The belief that we should interpret the Constitution with its original intent at the time it was written.

Textualism: A method of interpreting laws where judges look at only the words themselves and their ordinary meanings when deciding cases.

Statutory Interpretation: The process by which courts interpret and apply legislation.