Question

What criteria might a judge who abides by a philosophy of judicial restraint use to decide a case?

Answer 1

The judge would consider both the intent of the Framers who wrote the part of the Constitution in question and previous court decisions on the topic.

Explanation:

When laws are framed, it is often misinterpreted and this allows for arguments and debates and what is the actual intent behind such a law when it was created a long time ago. It has to be examined from various perspectives. There are two methods in order to analyze the purpose behind such a creation of law.  

Firstly, judicial restraint promotes strict and narrow interpretation of the law whereas the second one is the judicial activism. A law and its suitability can be analyzed depending upon the political and personal point of view.