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Judicial Restraint

Constitutional & Public Law Doctrines

Definition

The complementary constitutional principle holding that judges must not overstep their constitutional mandate to legislate from the bench, encroach upon executive policy-making, or replace an elected government's socio-economic priorities with their own.

Example

The Supreme Court declines to entertain a petition seeking a direction to Parliament to enact a specific tax exemption or fix uniform fuel prices across the country, citing judicial restraint.