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judicial restraint

  1. 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 .


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Example Sentences

It seems to me that the reversal of a half-century of judicial restraint in the economic realm comes within that category.

For one thing, Roberts has proved that at least some conservatives really believed all that talk about judicial restraint.

First, all right-wingers with integrity should feel encouraged by the fact that judicial restraint is alive and well.

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