Question

Who supports judicial restraint?

Answer 1

Judicial restraint is the political theory that says courts shouldn't, unless absolutely required, issue rulings that broaden or alter the character of existing laws.

Justiciable constraint is exercised by whom?

A jurist (judge or justice) who upholds a philosophy of restraint can be described as one who considers democracy to have intrinsic, rather than just instrumental, value, that the judiciary is indeed the least powerful of the three branches of government, and who values stability and predictability in the lawmaking process.

Why do advocates of judicial restraint assert that judges are impervious to public sentiment?

They are freed from the strain of the outer world of public opinion since they do not have to worry about being reelected. In the end, the majority may not always be correct. The fact that the Founders established appointed judges and elected legislators is not by coincidence.

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