Question

Explain the term judicial restraint.

Answer 1

Judicial restraint is the principle where the judiciary exercises caution and self-discipline, avoiding interference in the functioning of the legislature and executive. Judges following this approach prefer to interpret laws strictly as written, respecting the separation of powers.

• Courts avoid striking down laws unless absolutely necessary.
• Emphasizes respect for legislative and executive decisions.
• Maintains the status quo and legal continuity.
• Encourages minimal judicial intervention.

U.S. courts often follow judicial restraint by upholding laws passed by Congress unless they clearly violate the Constitution.