When scholars and justices interpret the Constitution with the view that the courts should reject any active lawmaking functions

Question

Sati [7]

4 years ago

7

When scholars and justices interpret the Constitution with the view that the courts should reject any active lawmaking functions

and follow precedent, refers to

Law

1 answer:

zysi [14] · Answer 1 · 2021-12-02T09:45:29+03:00

When scholars and justices interpret the Constitution with the view that the courts should reject any active lawmaking functions and follow precedent, refers to Judicial Restraint.

<u>Explanation:</u>

The judicial branch is conferred with the power of interpretation of the law. Many times while exercising the power of judicial activism there is always a chance that justices may exceed their power. Hence, the theory of judicial restraint was evolved.

By judicial restraint, judges are encouraged to exercise their power with certain limits and to respect and follow stare decisis. This ensures that judges are not intruding into the realm of the legislature by involving themselves in law making.