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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 (locus standi) and a reluctance to grant certiorari; [1] and a tendency ...
independent judicial review of arbitration clause: Adarand Constructors v. Peña: 515 U.S. 200 (1995) constitutionality of race-based set-asides (strict scrutiny test) Witte v. United States: 515 U.S. 389 (1995) using "relevant conduct", as defined by the Federal Sentencing Guidelines, at sentencing does not violate double jeopardy principles ...
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] The term usually implies that judges make rulings based on their own views rather than on precedent. [2]
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 ...
As Professor Alexander Bickel points out, however, Atherton Mills was "a case of quite conventional mootness, hardly apt as an illustration of judicial self-restraint in constitutional litigation". [15] Mootness, a justiciability doctrine, serves to ensure that a controversy is "live" and in need of judicial resolution. [16]
Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence. Where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of ...
Lyng v. Northwest Indian Cemetery Protective Association, 485 U.S. 439 (1988), was a United States Supreme Court landmark [2] case in which the Court ruled on the applicability of the Free Exercise Clause to the practice of religion on Native American sacred lands, specifically in the Chimney Rock area of the Six Rivers National Forest in California. [2]
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary.This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.