Friday, December 27, 2019
The Constitutional Interpretation Of The Constitution Essay
Traditional Originalism led the court as the method of constitutional interpretation until the late nineteenth century. Judges were compelled to interpret the Constitution based on the original meaning of the provisions. The Originalism view interprets the constitution line by line exactly as the founders would have found it. Later, during the early twentieth century, progressives in the legal community proclaimed that due to the changing social environment as time goes on in the nation, the political system needed to be reconfigured. They thought that the political system needed increased national government authority and a modern administrative state. They also thought that the increased national authority and modern administrative state wouldnââ¬â¢t work well with the traditional Originalism interpretation of the constitution. After long political battles in and out of the court, they won the argument and the Constitution would be adapted without formally amending it. Debates w ere waged over whether or not the Constitution could be changed through interpretation instead of the originalist requirement of amendment, and over whether or not the Constitution was to be viewed as living. The notion of a ââ¬Å"living constitutionâ⬠was developed, and slowly set precedent as landmark cases made their way through the supreme court, and the interpretation of the constitution was put to the test. Now, the Constitution is interpreted according to what it says in itââ¬â¢s entirety, instead of lineShow MoreRelatedAn Introduction to the Constitutional Principles of American Government1406 Words à |à 6 Pagesa victory in what way soever. The most powerful ââ¬Å"rules of the gameâ⬠is the Constitution and the most important thing is to construe it correctly. More than 200 years the US Constitution remains the organic law of successfully developing state, which territory and population have increased many times over, and the political and economic life has changed radically. In the context of United States constitutional interpretation, invariability, political stability and fundamental nature of this law ofRead MoreThe Debate On Constitutional Interpretation1730 Words à |à 7 Pagesdebate on Constitutional interpretation is far from a new one. For years, the argument over how the Constitution should be read has varied, from the strict textualist approach to the most l enient, the instrumentalist position. The Constitution has long been referred to in terms of being a living or dead document, and its interpretation has significant ramifications on this countryââ¬â¢s legal climate. This paper will analyze and compare two different forms of Constitutional interpretation: originalismRead MoreThe Constitution And The Law877 Words à |à 4 Pages Our Constitution is over two centuries old and since the birth of it as early as 1803 the Supreme Court defined its role and power in the case, Marbury v. Madison, 1803, establishing the authority to define what the law is. Thus, if the law is confusing, it is up to the courts to interpret the law through the process of judicial review. There is much controversy as to whether or not judges are following the laws as written or imposing their personal preferences and rewriting law to suit themselvesRead MoreThe Interpretative approach adopted by South African Courts Essay963 Words à |à 4 Pages1) INTRODUC TION: The enactment of both interim and final Constitutions ushered in a new approach to statutory interpretation. 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Which leads to textualism, causing the judges of the Supreme Court to decide whetherRead MoreThe Case Of The United States Constitution1354 Words à |à 6 Pagesdocument to a contemporary situation, context is integral to proper analyzation. In the case of the United States Constitution, many political theorists share their opinion, on what they believe to be, the optimal interpretation of the document, however, only Antonin Scaliaââ¬â¢s originalist ideology repels personal and moral views during analysis and encourages understanding the Constitution as originally intended. It is not the job of a United States judge, nor should it be the job of one, to interveneRead MoreJudicial Review And The Indian Courts1444 Words à |à 6 Pagesvalidity of legislative as well as other governmental action with reference to the provisions of the constitution. The judiciary tries to undo the harm that is being done by the legislature and executive and they also try to provide every citizen what has been guaranteed by the constitution. Judicial review has a more technical significance in public law, particularly in countries having a written constitution which are founded on the concept of limited government. Judicial review in this case means thatRead MoreThe Constitution Is Revered For Both Its Age And Its Brevity944 Words à |à 4 PagesThe U.S Constitution is revered for both its age and its brevity. The Constitution is a short and concise document has been able to stand the test of time and it has remained the ultimate guide of principles for law creation and enforcement. With that being said, the words of the Constitution are unclear in many respects. Politicians have debates over the Constitution due to the reason that it is difficult to figure out what the Framers meant when they originally wrote the Constitution. AccordingRead MoreThe Decision Of The Court Essay1691 Words à |à 7 PagesStewart, it is in the best interest of the country, and the Constitution that I urge you to not allow for a set of specific guidelines to be put in place to tell the Justices of the Court, how to interpret the Constitution. With the decision of Marbury v. Madison in 1803 the Court established its power of Judicial review(Judicial Learning Center, Web insert hyperlink), and it is up to the Just ices to decide when and how the Constitution will be interpreted. This memo will address the following issuesRead MoreStereotypical Portrayal Of Homosexuals And The Homophobia Towards Homosexuals1656 Words à |à 7 Pagesbecause of their view on constitutional interpretation. A Dworkinian approach was taken during this case because the court took more a legislative role than a judicial role. Ronald Dworkin recommends that judges approach the Constitution as ââ¬Å"a constitution of principleâ⬠rather than a ââ¬Å"constitution of detailâ⬠(Dworkin ââ¬Å"The Constitutional Dramaâ⬠, 119). Dworkin believes that this view of constitutional principle is keeping the framers original intentions and language in the constitution more than an originalists
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