This occurs when judges exercise their own power and defer to written law as long as it is constitutional.

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Judicial restraint is the practice of judicial interpretation that encourages judges to limit the exercise of their own power. It involves deference to the judgments of elected officials and a reluctance to overturn legislation. This is often seen as a conservative approach to decision-making on the bench and contrasts with judicial activism, which involves a willingness to overturn precedent and strike down laws seen as unconstitutional. Judicial partisanship refers to judges making decisions based on their own political views rather than legal reasoning, while judicial independence refers to the ability of judges to make impartial judgments free from political interference.

This Occurs When Judges Exercise Their Own Power and Defer