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The Preamble serves solely as an introduction and does not assign powers to the federal government, [3] nor does it provide specific limitations on government action. Due to the Preamble's limited nature, no court has ever used it as a decisive factor in case adjudication, [4] except as regards frivolous litigation. [5]
A preamble (from Latin preambulum 'preliminary, preface') is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute.
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.
It is a slight rephrasing of the second clause of the Preamble to the United States Constitution, "in order to form a more perfect union." The phrase is used rhetorically to convey an idea that the United States remains an unfinished work-in-progress and that achieving the lofty goals espoused by the American founding documents demands ...
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.
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The following outline is provided as an overview of and topical guide to the principles of interpretation: Principles of interpretation – methods used to understand language and texts, primarily legal documents and sacred texts. Principles of interpretation may be used in the areas presented below...
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 ...