Judicial restraint is a judicial interpretation that recommends favoring the status quo in judicial activities and is the opposite of judicial activism. Aspects of judicial restraint include the principle of stare decisis (that new decisions should be consistent with previous decisions); a conservative approach to standing (locus standi) and a reluctance to grant certiorari;

Roe v. Wade (1973) is frequently cited as an example of judicial activism, but subsequent cases, such as Whole Woman's Health v. Hellerstedt (2016), have demonstrated judicial restraint by ruling in harmony with the precedent set by Roe or by delivering narrow rulings on specific questions that do not explicitly seek to overturn Roe in its entirety.

Vacco v. Quill is an example of judicial restraint,

  1. The Court will not "anticipate a question of constitutional law in advance of the necessity of deciding it." "It is not the habit of the Court to decide questions of a constitutional nature unless absolutely necessary to a decision of the case."
  2. The Court will not "formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied."

See also

  • Judicial activism
  • Judicial minimalism
  • Political question
  • Separation of powers
  • Stare decisis
  • Judicial Review
  • Judiciary Act of 1789
  • Procedures of the Supreme Court of the United States
  • U.S. Constitution, Article III
  • U.S. Constitution, Eleventh Amendment

References

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