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Few judges self-identify as strict constructionists, due to the narrow meaning of the term. Antonin Scalia, the justice most identified with the term, once wrote: "I am not a strict constructionist, and no one ought to be," calling the philosophy "a degraded form of textualism that brings the whole philosophy into disrepute." Scalia summarized ...
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.
Purposive approach; Strict constructionism; Textualism; ... the "Living Constitution" is not held to be a specific theory of construction but a vision of a ...
Seymour Papert. Constructionist learning is the creation by learners of mental models to understand the world around them. Constructionism advocates student-centered, discovery learning where students use what they already know to acquire more knowledge. [1]
In this approach, the individual is consciously engaged in the construction of a product (Li, Cheng, & Liu, 2013). The utilization of constructionism in educational settings has been shown to promote higher-order thinking skills such as problem-solving and critical thinking (Li et al., 2013).
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.
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 ...
Using a literal construction of the relevant statutory provision, the deceased was not "a person entitled to vote". This, surely, cannot have been the intention of Parliament. However, the literal rule does not take into account the consequences of a literal interpretation, only whether words have a clear meaning that makes sense within that ...