Judges urged to avoid policy commentary in constitutional reviews
A recent appellate opinion cautions courts against weighing in on legislative policy, emphasizing that their role is limited to constitutional questions.
The ruling stresses that while judges often learn much about policy during review, they should resist the urge to opine on it. It argues that courts lack the expertise required for the complex, polycentric decisions made by legislatures. According to the opinion, assessing a law’s wisdom is irrelevant to its constitutionality, which is the sole concern of the judiciary.
Why it matters
It reinforces the separation of powers by reminding courts to limit themselves to constitutional analysis, not policy judgments.
In this story
judicial reviewpolicycourtslegislationconstitutionalityjudicial restraintlegislative decisions
