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prohojiy [21]
3 years ago
6

Identify different ways of interpreting the constitution

Social Studies
2 answers:
dimaraw [331]3 years ago
4 0
Original intent anlysis and the living constitution method.
blagie [28]3 years ago
4 0

Answer:

  • Living Constitution
  • Originalism (original meaning)
  • Textualism
  • Purposive Approach
  • Strict Constructionism

Explanation:

Living Constitution: Many authors claims that law can be interpreted on this way , which is to believe that Constitution has many meanings and that changes with the contemporary societies , when found main constitutional phrases to interpret.

Originalism: On this kind of interpretation, many authors says that Constitution and all its statements have to be interpreted on the way that originally all the people at the time did back in 1776.

Textualism: Here several authors claims that no one can give other meaning that one that stands in the statement on the law. Its a formalism form of interpretation and the main interpretation is based on the meaning of the legal text.

Purposive Approach: Many Authors like Aharon Barak claims that common law courts can interpret a statute, part of a statute, or a clause of a constitution within the context of the law's purpose.

Strict Constructionism: Strict constructionism claims that has to give a narrow, or strict, interpretation to a legal text, like the U.S. Constitution to any judge. It means that a judge can interpret a text ONLY as it is written.

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