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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.
Theories of constitutional interpretation are different ways of interpreting the Constitution of the United States. Pages in category "Theories of constitutional interpretation" The following 10 pages are in this category, out of 10 total.
Section 1 vests the judicial power of the United States in federal courts and, with it, the authority to interpret and apply the law to a particular case. Also included is the power to punish, sentence, and direct future action to resolve conflicts. The Constitution outlines the U.S. judicial system.
Originalism consists of a family of different theories of constitutional interpretation and can refer to original intent or original meaning. [2] Critics of originalism often turn to the competing concept of the Living Constitution, which asserts that a constitution should evolve and be interpreted based on the context of current times.
Let me put it this way; there are really only two ways to interpret the Constitution – try to discern as best we can what the framers intended or make it up. No matter how ingenious, imaginative or artfully put, unless interpretive methodologies are tied to the original intent of the framers, they have no more basis in the Constitution than ...
The need for a comprehensive guide to the interpretation of the Constitution was apparent to Congress from early in the 20th century. In 1911, the Senate Manual contained the United States Constitution and Amendments with citations to decisions by the U.S. Supreme Court concerning constitutional law. [4]
The subject concerns the scope of power of the United States federal government compared to the individual states and the fundamental rights of individuals. The ultimate authority upon the interpretation of the Constitution and the constitutionality of statutes, state and federal, lies with the Supreme Court of the United States.
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning. But in many cases, there is some ambiguity in the words of the statute that must be resolved by the ...