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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]
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 ...
In the first three chapters of the third book, Story gives a short history of the origin and adoption of the United States Constitution, the objections to the Constitution, and the nature of the Constitution – whether it is a compact between sovereign states, or the supreme and national law of the United States. In Chapter 4, Story enters ...
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.
Constitutional theory is an area of constitutional law that focuses on the underpinnings of constitutional government. It overlaps with legal theory , constitutionalism , philosophy of law and democratic theory.
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.
Constitutional review, or constitutionality review or constitutional control, is the evaluation, in some countries, of the constitutionality of the laws. It is supposed to be a system of preventing violation of the rights granted by the constitution, assuring its efficacy, their stability and preservation.