JUDICIAL RESTRAINT

judicial restraint. 1. A restraint imposed by a court, as by a restraining order, injunction, or judgment. 2. The principle that, when a court can resolve a case based on a particular issue, it should do so, without reaching unnecessary issues. [Cases: Appeal and Error 843; Federal Courts 756. C.J.S. Appeal and Error §§ 705–706.] 3. A philosophy of judicial decision-making whereby judges avoid indulging their personal beliefs about the public good and instead try merely to interpret the law as legislated and according to precedent. — Also termed (in senses 2 & 3) judicial self-restraint. Cf. JUDICIAL ACTIVISM.

[Blacks Law 8th]