Review:
Judicial Restraint
overall review score: 4.5
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score is between 0 and 5
Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power, especially in making constitutional decisions.
Key Features
- Limited exercise of judicial power
- Respect for precedent and legislative intent
- Avoidance of activism or overreach
Pros
- Promotes stability and predictability in the legal system
- Respects separation of powers
- Fosters deference to elected branches of government
Cons
- May result in failure to protect individual rights in some cases
- Could lead to perpetuation of unjust laws or practices
- May hinder progress or social change