Search results
Results from the WOW.Com Content Network
As a result of this distinction, nearly all textualists reject strict constructionism in this sense. Supreme Court justice Antonin Scalia, a major proponent of textualism, said that "no one ought to be" a strict constructionist, because the most literal interpretation meaning of a text can conflict with the commonly-understood or original ...
Interpretation of the Necessary and Proper Clause has been controversial, especially during the early years of the country. Strict constructionists interpret the clause to mean that Congress may make a law only if the inability to do so would cripple its ability to apply one of its enumerated powers.
For the purpose of resolving this issue, courts have developed canons of interpretation. The rule of lenity is one such canon. The rule of lenity is one such canon. Implicit in its provisions is the additional burden placed on the prosecution in a criminal case and the protection of individual rights against the powers of the state.
A text that means one thing in a legal context, might mean something else if it were in a technical manual or a novel. So the plain meaning of a legal text is something like the meaning that would be understood by competent speakers of the natural language in which the text was written who are within the intended readership of the text and who ...
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.
Abortion access supporters fear that a strict interpretation of the law could go further to ban mailing the materials used in procedural abortions, such as surgical instruments and equipment.
(The Center Square) – President-elect Donald Trump has made international headlines by suggesting that Canada could become the 51st state and the U.S. could purchase Greenland. U.S. expansionist ...
Definition National government: The government of a nation-state and is a characteristic of a unitary state. This is the same thing as a federal government which may have distinct powers at various levels authorized or delegated to it by its member states, though the adjective 'central' is sometimes used to describe it. The structure of central ...