judicial conservatism

is guided by these tenets: Deference to elected officials in the absence of a clear constitutional mandate and a healthy appreciation for possible public safety consequences of judicial overreach.

The reasoning supplied by judges upholding gun laws is varied, but generally invokes Heller's cautionary language and reflects tenets of conservatism: deference to elected officials in the absence of a clear constitutional mandate and a healthy appreciation for possible public safety consequences of judicial overreach. As Judge Wilkinson said in one post-Heller opinion, '[t]o the degree that we push the right beyond what the Supreme Court in Heller declared to be its origin, we circumscribe the scope of popular governance, move the action into court, and encourage litigation in contexts we cannot foresee.'

judicial conservatism, n.All

judicial conservatism