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Judicial activism is a judicial philosophy holding that courts can and should go beyond the applicable law to consider broader societal implications of their decisions. It is sometimes used as an antonym of judicial restraint . [ 1 ]
Judicial restraint is a judicial interpretation that recommends favoring the status quo in judicial activities and is the opposite of judicial activism.Aspects of judicial restraint include the principle of stare decisis (that new decisions should be consistent with previous decisions); a conservative approach to standing and a reluctance to grant certiorari; [1] and a tendency to deliver ...
Largely associated with Cass R. Sunstein, it is a viewpoint which criticizes the more conservative stance of originalism as being judicial activism in disguise. Minimalists believe that a faithful application of originalist theory would result in a system of constitutional law in which modern societal standards would be ignored, in favor of the now-antiquated opinions held by the Founding ...
Opponents of the doctrine tend to use the term as an epithet synonymous with "judicial activism" (itself a hotly-debated phrase). However, just as some conservative theorists have embraced the term Constitution in Exile , which similarly gained popularity through use by liberal critics, textualism was a term that had pejorative connotations ...
Louis Michael Seidman, Judicial Activism and Judicial Restraint, Entry, in 3 Encyclopedia of the American Constitution 1449–1450 (Leonard W. Levy, Kenneth L. Karst & Dennis J. Mahoney eds., New York: MacMillan Reference 2d ed. 2000).
The avoidance doctrine flows from the canon of judicial restraint and is intertwined with the debate over the proper scope of federal judicial review and the allocation of power among the three branches of the federal government and the states. It is also premised on the "delicacy" and the "finality" of judicial review of legislation for ...
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To further discern the justices' ideological leanings, researchers have carefully analyzed the judicial rulings of the Supreme Court—the votes and written opinions of the justices—as well as their upbringing, their political party affiliation, their speeches, their political contributions before appointment, editorials written about them at the time of their Senate confirmation, the ...