What does judicial restraint advocate?

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Judicial restraint advocates for judges to play a minimal role in policymaking by adhering closely to the Constitution and existing laws without imposing their personal beliefs or opinions. This approach emphasizes the importance of allowing elected officials to legislate and make policy decisions rather than having judges impose their interpretations on legislation. It is based on the idea that the judiciary should not disrupt the balance of power among government branches, respecting the roles of the legislative and executive branches as representatives of the people.

This philosophy encourages judges to limit their interpretations of the law to the text itself, preferring to defer to the intent of the lawmakers and adhering to precedents set by previous court decisions. By advocating this restraint, the judicial system maintains its integrity and upholds democratic principles, as it avoids overstepping into policy areas that are meant to be handled through the electoral process.

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