Search results
Results from the WOW.Com Content Network
Constitutional scholar John Hart Ely believed that "strict constructionism" is not really a philosophy of law or a theory of interpretation, but a coded label for judicial decisions popular with a particular political party. [3] The term is frequently used even more loosely to describe any conservative judge or legal analyst. [4]
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.
Taftian theory (also "Whig" theory) [1] is a political term in the United States referring to a strict constructionist view regarding presidential power and the United States Constitution, where a president's power is limited to those powers specifically enumerated by the Constitution. [2] [3]
The territory acquired from the Louisiana Purchase, superimposed on a map of the contiguous United States.. Jefferson positioned himself as a strict constructionist regarding the United States Constitution, a view which argued for a strict, exact-word interpretation of the law; [15] this position, however, meant that purchasing Louisiana from France (as Jefferson did) would be potentially ...
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
Legal scholars, including judges and professors, often say that strict scrutiny is "strict in theory, fatal in fact" since popular perception is that most laws subjected to the standard are struck down. However, an empirical study of strict scrutiny decisions in the federal courts found that laws survive strict scrutiny more than 30% of the time.
Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework.
The interpretation of the Canadian Charter of Rights and Freedoms also makes use of the living tree doctrine. Chief Justice Antonio Lamer stated in Re B.C. Motor Vehicle Act, "If the newly planted 'living tree' which is the Charter is to have the possibility of growth and adjustment over time, care must be taken to ensure that historical materials, such as the Minutes of Proceedings and ...