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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.
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.
Systematic interpretation: considering the context of provisions, if only by acknowledging in which chapter a provision is listed. Teleological interpretation: considering the purpose of the statute (Latin: ratio legis), as it appears from legislative history, or other observations. It is controversial [citation needed] whether there is a ...
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.
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 Constitution is referred to as the living law of the land as it is transformed according to necessities of the time and the situation. [2] Some supporters of the living method of interpretation, such as professors Michael Kammen and Bruce Ackerman, refer to themselves as organicists. [3] [4] [5] [6]
The purposive approach (sometimes referred to as purposivism, [1] purposive construction, [2] purposive interpretation, [3] or the modern principle in construction) [4] is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose.