‘JUDICIAL MODESTY AND RESTRAINT’…. The first day of Judge Sonia Sotomayor’s confirmation hearings were dominated by opening statements, not Q&A, and most of the mini-speeches were predictable.

In contrast, judicial restraint occurs when courts defer to the other branches of government and follow precedents. By this definition, judicial activism can be good or bad.

The proponent of judicial restraint does not deny that the Court should vindicate our constitutional rights; he agrees that this is the Court’s duty. But the Court can do that and also observe a ...

U.S. Supreme Court Justice John Roberts recently weighed in on the controversy surrounding federal judges constraining Trump administration actions, claiming the role of judges has been “settled ...

But judicial activism has come to stay in all its excess, a threat to democracy. Judges are divided between judicial activists and advocates of judicial restraint, especially in the US supreme court.

In his NRO article earlier this week, “Rand Paul Is Right: Judicial Restraint Is Wrong,” Evan Bernick writes: Judicial restraint as a concept can be traced to an influential 1893 article by ...

The Volokh Conspiracy Constraint vs. Deference: Two possible meanings of ‘judicial restraint’ June 29, 2015 More than 9 years ago Summary ...

President Obama is a lawyer by training and a former professor of constitutional law, and I am neither. Still, I can’t help but think his remarks today about “judicial activism” and the ...

Unless “judicial restraint” judges have some interpretive philosophy (such as originalism) informing their decisions, nothing tells them what can overcome the principle of restraint.

Constraint: "Judicial restraint" could refer to confining oneself to following the meaning of the text of the Constitution (and of statutes)—by which is meant its original meaning—whether this ...