Judicial activism
CLEP American Government, Chapter 16 Judicial activism activism. Judicial activism is a contested label commonly used for a willingness to invalidate government action, reconsider precedent, announce a broad legal rule, or impose an extensive remedy. These are different behaviors, so the label has little analytical value unless the speaker states which behavior is meant. Critics […]
Judicial restraint
CLEP American Government, Chapter 16 Judicial restraint Debates about judging often use labels that describe tendencies rather than binding legal rules. Judicial restraint generally favors narrow decisions, respect for precedent, and deference to elected branches when governing law leaves room for political choice. It also encourages courts to avoid constitutional questions that are unnecessary to […]
