Constitution Quote by Albie Sachs
““Severability is an important concept in the context of the relations between this Court and Parliament; like 'reading down', it is an instrument of judicial restraint which reduces the danger of producing an overbroad judicial reaction to overbroad legislation.””
About This Quote
Source Speech: Constitutional Court of South Africa, 1995
Judicial restraint limits courts from overreaching when interpreting broad laws, preserving legislative intent.
In simple terms: Courts should not overstep when laws are vague.
Key Takeaway
Apply narrow reading to avoid excessive judicial power.
Themes
judicial restraint
legislative intent
interpretation
balance of powers
Mood
cautious
analytical
Type
legal
interpretative
When to use this quote
- law drafting
- court rulings
- policy analysis
- legislative review
Key Concepts
constitutional law
judicial philosophy
Questions to Reflect On
- How can courts balance restraint with protecting rights?
- When should a court expand interpretation?
A Different Perspective
Overly narrow reading may let problematic provisions persist.
![“[Louis] Brandeis is often painted as an acolyte of judicial restraint, or the view that judges should uphold laws whether or not they like them.” quote by Jeffrey Rosen](https://sms4smile.com/quotes/img-quotes/df8/jeffrey-rosen-13180_judging_louis-brandeis-is-often-painted-as-an-ac_2304880.jpg)
![“Next came the Patent laws. These began in England in 1624; and, in this country, with the adoption of our constitution. Before then [these?], any man might instantly use what another had invented; so that the inventor had no special advantage from his own invention. The patent system changed this…” quote by Abraham Lincoln](https://sms4smile.com/quotes/img-quotes/449/abraham-lincoln-88_adoption_next-came-the-patent-laws-these-began-in_1828.jpg)
