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12 February, 20:13

HURRY

Which of the following is characteristic of judicial restraint?

basing decisions on previous decisions

overturning existing legal precedents

declaring that the Constitution must be changed

interpreting the Constitution using a new method

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Answers (2)
  1. 12 February, 20:15
    0
    A. basing decisions on previous decisions.
  2. 12 February, 20:20
    0
    Among the options given on the question the correct answer is option A.

    Basing decision on previous decisions.

    Explanation: Judicial restraint is the theory which encourage judges give verdict within their power and law. Basically, the judicial restraint inspires judge not to strike down or call illegal any law unless there are some strong facts against the law from the Constitution.

    It is the opposite theory of Judicial activism. However, there are some certain policy for the judges to decide any cases on the judicial restraint theory. The principle for this theory is to show respect to stare decisis which means the decisions made on the same kind of cases previously by the judges which were acceptable to all. This is the principle of upholding established precedent handed down by past judges

    Therefore, the characteristic of the judicial restraint is basing decision on previous decision.
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