Suchergebnisse

The conservative legal movement has long stood simultaneously for originalism and judicial restraint. But in the past few years, the tension between a commitment to interpreting the Constitution as its authors intended and deferring to the will of legislators and the executive has become painfully clear. Does originalism demand judicial restraint, or is the Constitution undermined by such restraint?

Many controversial decision made by Constitutional Court resulted in the emergence of the idea to limit the judicial power. One of the ideas that surfaced to limit the judicial power without disturbing the idea of judicial independence is judicial restraint. The idea of judicial restraint puts limitation on certain forms. The forms of limitation under judicial restraint could be limitation based on constitutional norms, limitation based on policies for restraint (self-restraint), and the limitation imposed by certain doctrines. Judicial restraint requires the judicial power to refrain from tendencies to act like a mini parliament that can lead to the juristocracy. Judicial restraint also requires judicial power not interfere the other branches of power.