Question

Explain judicial RESTRAINT and the kinds of situations when it often comes into play

Answer 1

Judicial restraint is a position that judges adopt when they purposely limit the exercise of their power. Judicial restraint judges make a cautious approach of their interpretation of laws, normally taking a very conservative position, instead of making decisions that could be considered as controversial. Judicial restraint is the opposite of judicial activism.

For example, a judicial restraint judge is in charge of sentencing a criminal for attempting to rob a bank. He or she revises previous cases and will probably make a sentence of similar proportions to the criminal, basing his or her decision on past sentences.