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Few judges self-identify as strict constructionists, due to the narrow meaning of the term. Antonin Scalia, the justice most identified with the term, once wrote: "I am not a strict constructionist, and no one ought to be," calling the philosophy "a degraded form of textualism that brings the whole philosophy into disrepute." Scalia summarized ...
The rule of lenity, also called the rule of strict construction, is a principle in criminal law that requires a court to interpret an ambiguous or unclear criminal statute in the way that is most favorable to the defendant.
According to the constructionist framework as espoused by Goode, an instance of "deviance" can exist as a social construct exclusively, completely separate from any actual behavior. In other words, "imaginary deviance" can exist that causes a frenzy of interesting sociological behavior in response to a non-existence phenomenon.
Moral constructivism or ethical constructivism is a view both in meta-ethics and normative ethics which posits that: Ethical sentences express propositions. Some such propositions are true. The truth or falsity of such propositions is ineliminably dependent on the result of a suitable constructivist procedure.
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary.This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.
The Actor-Reality Construction network publishes the online journal: Proceedings of Pragmatic Constructivism. The network further organises annual conferences on PC perspectives on actor-reality construction as well as some workshops on contemporary research topics such as digitalisation, language games and ethics.
Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate that the law or regulation is necessary to achieve a "compelling state interest". The government must also demonstrate that the law is "narrowly tailored" to achieve that compelling purpose, and that it uses the "least restrictive means" to ...
Constructionism may refer to Constructionism (learning theory), an educational philosophy developed by Seymour Papert; Social constructionism, a theory of how social phenomena or objects of consciousness develop in social contexts; Strict constructionism, a conservative type of legal or constitutional interpretation