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judicial restraint

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Cultural Dictionary

judicial restraint

A view, associated with Felix Frankfurter among others, that judges should be reluctant to declare legislative enactments unconstitutional unless the conflict between the enactment and the Constitution is obvious. The doctrine is akin to, but not identical with, narrow construction, and it is the opposite of judicial activism.

The American Heritage® New Dictionary of Cultural Literacy, Third Edition
Copyright © 2005 by Houghton Mifflin Company.
Published by Houghton Mifflin Company. All rights reserved.
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Legal Dictionary

Main Entry: judicial restraint
Function: noun
: a refraining in the judiciary from departure from precedent and the formulation of broad doctrine —compare JUDICIAL ACTIVISM
Merriam-Webster's Dictionary of Law, © 1996 Merriam-Webster, Inc.
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