Judicial restraint as a concept can be traced to an influential 1893 article by Harvard law professor James Bradley Thayer. Thayer argued that statutes should be invalidated only if their ...

In particular, I contend that the founders were believers in judicial restraint or judicial deference, while Root argues for a kind of libertarian judicial activism in defense of individual rights.

Unfortunately, recent judicial overreach threatened to undo this carefully crafted legislation. Last year, a Varanasi court allowed a "scientific" survey of the Gyanvapi Mosque, excluding the ...

“A long-standing precedent at the crux of administrative governance thus falls victim to a bald assertion of judicial authority. The majority disdains restraint, and grasps for power.