Restrained Approach

Definition

The restrained approach is a judicial philosophy where judges interpret the Constitution strictly and limit their decisions to the original intent of the framers. They believe that courts should defer to the elected branches of government and avoid making policy decisions.

Related terms

Judicial Restraint: This term refers to the overall concept of judges limiting their power by deferring to other branches of government.

Originalism: This is a related philosophy where judges interpret laws based on their original meaning at the time they were written.

Textualism: A related term which emphasizes interpreting laws based solely on their plain text, without considering external factors such as legislative history or intent.