Overview
Constitutional interpretation is a vital aspect of the legal system, influencing how laws are applied and understood. It encompasses various methods, including textualism, originalism, and the living Constitution approach, each with its implications for judicial decisions. Understanding these method...
Key Terms
Example: Textualists argue that the words of the Constitution should be interpreted as they are commonly understood.
Example: Originalists look at historical documents to determine the framers' intent.
Example: Proponents argue that the Constitution should evolve with changing social norms.
Example: Judicial activism is often criticized for overstepping the bounds of judicial authority.
Example: Judicial restraint advocates argue that judges should not create new laws.
Example: The principle of stare decisis means that courts should follow precedents.