<span>Romanticism rejected </span>the beliefs of the Enlightenment.
The way to achieve this impartiality – to free judges to decide cases based on what the law actually requires, and on nothing else – is to ensure that the judiciary is independent, or, put differently, not subject to reprisals for decisions on the bench.
But judicial independence is not an absolute or singular value defining our courts. The principle of judicial restraint is equally important – and it is inextricably linked to judicial independence. At one level, the tension between the two seems inescapable. But there is an important sense in which an independent judiciary and judicial restraint are flip sides of the same coin. Both aim to minimize the influence of extraneous factors on judicial decision-making. A judge must not decide a case with an eye toward public approbation, because whether a particular result is popular is irrelevant to whether it is legally sound. In the same way, a judge must not consult
He was being careful of the defense funds allocated by NSC-68.
