Judicial Restraint - Law Dictionary Search Results
judicial restraint
Matched in: Term judicial restraint
Anticipation
instigated or consented to by a married woman. Property acquired by a married woman who has obtained a judicial separation or protection order while in force is not affected by the restraint, see Jud. Act, 1925, s.
judicial activism
Matched in: Term judicial activism
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original intent
those guarantees intended by the framers and set forth in the text of the Constitution are valid compare judicial restraint
Liberty
sufferance by a particular person or body of persons as opposed to enjoyment by all and sundry, Stroud's Judicial Dictionary, Vol. 2, p. 1459. It is the right not only or freedom from servitude, imprisonment or restraint,
law
a : a command or provision enacted by a legislature see also statute b : something (as a judicial decision) authoritatively accorded binding or controlling effect in the administration of justice [that case is no longer the … state] ;broadly : laws and justice considered as a general and established entity [the looks with disfavor on restraints on alienation] b : common law compare equity 3 a : the control or authority of the law
Public policy
weaken or negative them, History of English Law, Vol. 111, p. 55. Public policy, is a principle of judicial legislation or interpretation founded current needs of the community, Murlidhar v. State, AIR 1974 SC 1924. Public policy, … or private dealings is restricted by law for the good of the community. See, e.g., the titles CHAM-PERTY; RESTRAINT OF MARRIAGE; RESTRAINT OF TRADE; MORTMAIN. Thus it is against public policy to allow an action to be
Settled land
a married woman of full age in possession for a legal estate or any other interest with a restraint upon anticipation, or [sub-s. (v.)] charged voluntarily, or in consideration of marriage or by way of family arrangement … person most interested in the welfare of the estate, and empowered him to do almost anything that a judicious owner would wish to do, subject to one great exception--he could not sell the estate and himself receive
writ of habeas corpus
before the court, so that the court may determine whether the prisoner is being detained lawfully. Source: Federal Judicial Center … writ of habeas corpus a document filed as a means of testing the legality of a restraint on a person's liberty, usually imprisonment. The writ commands the officials who have custody of a prisoner to
Charities, or Public Trusts
as to induce the Emperor Valentinian to enact to Mortmain Act by which it was restrained. But this restraint was gradually relaxed; and in the time of Justinian it became a fixed maxim of civil law that … doctrine of charities grew up from the civil law; and Lord Eldon, in assenting to that opinion, has judiciously remarked, that at an early period that ordinary had the power to apply a portion of every man's
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