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JUDICIAL ACTIVISM VS. JUDICIAL RESTRAINT
Meaning of Judicial Restraint
Judicial activism and judicial restraint are the two alternative judicial philosophies in the United States. Those who subscribe to judicial restraint contend that the role of judges should be scrupulously limited; their job is merely to say what the law is, leaving the business of lawmaking where it properly belongs, that is, with the legislators and the executives. Under no circumstances, moreover, should judges allow their personal political values and policy agendas to colour their judicial opinions. This view holds that the 'original intent’ of the authors of the constitution and its amendments is knowable, and must guide the courts.8