When a judge limits the use of his or her power, he or she is exhibiting
Responses
A judicial review.judicial review.
B judicial restraint.judicial restraint.
C stare decisis.stare decisis .
D writ of certiorari.
B) judicial restraint.
B. judicial restraint.
The correct answer is B) judicial restraint.
To understand why, let's break down the options and explain what they mean:
A) Judicial review: This refers to the power of a court to review and overturn laws or government actions that are deemed unconstitutional. It involves the court's ability to interpret the Constitution and determine if laws or actions align with its provisions. While judicial review is an important concept in the judicial system, it is not reflected in the given question.
B) Judicial restraint: This is the concept of judges limiting their own power and deferring to the decisions of the legislative and executive branches of government whenever possible. It means that judges exercise restraint in using their power and try not to overly interfere or second-guess the decisions made by elected officials. This aligns with the question as it suggests that the judge is limiting their power.
C) Stare decisis: This is a legal principle that refers to the practice of courts following previous decisions or precedents when deciding cases with similar facts or issues. The aim is to maintain consistency and predictability in the law. While stare decisis is an important principle in judicial decision-making, it is not directly related to a judge limiting their power in the given question.
D) Writ of certiorari: This is a legal order issued by a higher court to review the decision of a lower court. It is usually issued when the higher court wants to exercise its power of judicial review. While related to the exercise of judicial power, a judge limiting their power is not the same as issuing a writ of certiorari.
Therefore, the correct answer is B) judicial restraint because it reflects the idea of a judge voluntarily limiting their use of power.