Judicial restraint philosophy restricts what judges consider and when they overturn precedent

Evidence

Some judges subscribe to a philosophy of judicial restraint, which limits the factors that they can validly consider in reaching a decision and the circumstances in which they can legitimately overrule a precedent or strike down a legislative enactment. — G. Alan Tarr, Judicial Process and Judicial…, 2612

Categorization

  • DEFINE: Core doctrinal term — judicial restraint — defined by its two limits: permissible factors and permissible overruling or invalidation.