11.13 Judicial Restraint & Judicial Activism

Judicial restraint and judicial activism are two different ways judges can interpret the law. Judicial restraint focuses on sticking closely to the original intent of the Constitution and laws, avoiding personal opinions, and deferring to the legislative and executive branches. It values stability, respect for precedent, and a limited role for judges in the democratic process.

But judicial activism supports a broader interpretation of the law, considering current values and societal needs. This approach allows judges to address social issues and promote justice, even if it means overturning precedent or challenging other branches of government. Judicial activists play a more active role in shaping public policy and protecting individual rights.