HISET Social Studies Practice

Which of the following statements accurately describes judicial restraint?

1. Judges should make bold changes to laws

2. Judges actively promote laws that reflect their own beliefs

3. Judges maintain a minimal role in rewriting policy

4. Judges should frequently intervene in legislative matters

The correct answer is: Judges maintain a minimal role in rewriting policy

Judicial restraint is a philosophy of judicial interpretation that emphasizes the limited role of the judiciary in the policy-making process. The correct assertion reflects this philosophy by stating that judges maintain a minimal role in rewriting policy. This approach suggests that judges should defer to the legislative branch, allowing elected representatives to create laws and make policy decisions. Judges who adhere to this principle typically avoid making broad or sweeping changes to laws unless absolutely necessary, instead focusing on interpreting the law as it is written and respecting the intent of the legislature. This helps to preserve the separation of powers within the government and ensures that policy changes are driven by the democratic process rather than judicial intervention.