What policy allows judges to play a minimal policymaking role and defer to legislatures?

Judicial restraint is a policy that emphasizes the limited role of judges in the policymaking process, advocating for minimal intervention in legislative matters. This approach encourages judges to interpret the law based on the original meaning or intent of the statute rather than creating new laws or policies through court rulings. Judges who practice judicial restraint tend to defer to the decisions made by legislatures, respecting the principle of separation of powers, which maintains that elected representatives are better suited to make policy decisions.

This deferential attitude promotes stability in the legal system by allowing laws passed by the legislature to stand unless they clearly violate the Constitution. In contrast, judicial activism refers to a more interventionist approach where judges may take a more proactive role in shaping policy. This distinction highlights the importance of judicial restraint in maintaining the balance between the judiciary and the legislative branches of government.