HISET Social Studies Practice

What defines judicial restraint?

1. Active judicial involvement in policy-making

2. A philosophy where judges minimize their role in policymaking

3. A method to assess constitutional amendments

4. A process for reviewing state laws

The correct answer is: A philosophy where judges minimize their role in policymaking

The correct answer, which identifies judicial restraint, highlights a philosophy adopted by judges to limit their own power in the realm of policymaking. This approach favors adhering closely to the constitution's text and to precedents rather than making broad interpretations that could lead to new legal standards or policies. Judges who practice judicial restraint are more likely to defer to the decisions of the legislative and executive branches, believing that these bodies, being democratically elected, are better suited to decide on policy matters. In this framework, the role of the judiciary is seen as one of interpretation and application, rather than creation of policy. By sticking to established laws and the original intent of the Constitution, judges practicing judicial restraint aim to maintain stability in the legal system and to respect the separation of powers integral to the functioning of government.