Ways courts interpret laws, especially Constitutional laws
This article is about construal of the law by courts. For linguistic interpretation in courts, see Language interpretation § Judicial.
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Judicial interpretation
Forms
Constitutional interpretation
Statutory interpretation
General rules of interpretation
Plain meaning rule
Mischief rule
Golden rule
General theories of interpretation
Living Constitution / Living tree / Living instrument
Originalism (original meaning)
Original intent (legislative intent, legislative history)
Strict constructionism
Textualism
Purposive approach
Common good constitutionalism
Legal realism
Legal process
Legal formalism
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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.
For example, the United States Supreme Court has decided such topics as the legality of slavery as in the Dred Scott decision, and desegregation as in the Brown v Board of Education decision, and abortion rights as in the Roe v Wade decision. As a result, how justices interpret the constitution, and the ways in which they approach this task has a political aspect. Terms describing types of judicial interpretation can be ambiguous; for example, the term judicial conservatism can vary in meaning depending on what is trying to be "conserved". One can look at judicial interpretation along a continuum from judicial restraint to judicial activism, with different viewpoints along the continuum.
Phrases which are regularly used, for example in standard contract documents, may attract judicial interpretation applicable within a particular jurisdiction whenever the same words are used in the same context.
and 28 Related for: Judicial interpretation information
Judicialinterpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary...
political issues. The question of judicial activism is closely related to judicialinterpretation, statutory interpretation, and separation of powers. Arthur...
legislation relating to interpretation of legislation Judicialinterpretation, an interpretation of law by a judiciary Statutory interpretation, determining the...
legislature enacted any given statute. Interpretation Act Judicial activism Judicialinterpretation Legal interpretation in South Africa Original intent —...
rights protected therein). At that juncture, if such an interpretation is possible, the judicial officer must give effect to it; if it is not possible,...
contracting parties to the convention. The court's primary means of judicialinterpretation is the living instrument doctrine, meaning that the Convention...
States, strict constructionism is a particular legal philosophy of judicialinterpretation that limits or restricts the powers of the federal government only...
citizens in a manner different from non-baptized citizens". On judicialinterpretation, Vermeule believes: The central question is not "How, in principle...
735. Kenneth L. Karst (January 1, 2000). "Thirteenth Amendment (JudicialInterpretation)". Encyclopedia of the American Constitution. Archived from the...
process of judicialinterpretation that is relevant to any case properly within their jurisdiction. In American legal language, "judicial review" refers...
in opposition to the current practice where only federal courts perform judicial review of allegedly offending federal laws. James Madison and Thomas Jefferson...
the grounds that state officials could not have been aware of this interpretation. In the most recent Third Amendment decision handed down by a federal...
Judicial restraint is a judicialinterpretation that recommends favoring the status quo in judicial activities and is the opposite of judicial activism...
"patchwork quilt" of inconsistent copyright rules in different federal judicial districts. The courts of one jurisdiction are not obliged to follow the...
the interpretation of ambiguous or overbroad statutes, but does not prevail in the teeth of specific statutory overrides. This mode of interpretation offers...
judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial...
Documents and Debates, 1774 - 1875". memory.loc.gov. Retrieved 2022-04-21. "Interpretation: The Guarantee Clause | The National Constitution Center". constitutioncenter...
philosophies of law and of judicialinterpretation. It has long been commonly assumed that justices' votes are a reflection of their judicial decision-making philosophy...
Judicial review in India is a process by which the Supreme Court and the High Courts of India examine, determine and invalidate the Executive or Legislative...
twenty-dollar threshold has not been the subject of much scholarly or judicial writing and still remains applicable despite the inflation that has occurred...
23 (1995): 155+ online. Kaczorowski, Robert J. The politics of judicialinterpretation: The federal courts, department of justice, and civil rights, 1866-1876...
since at least 1861; the amendment ensured that legislation or judicialinterpretation would be restricted to allowing abortion in circumstances where...
The Martin Act (New York General Business Law article 23-A, sections 352–353) is a New York anti-fraud law, widely considered to be the most severe blue...
arguing in favor of a pragmatic and more realistic approach to judicialinterpretation of common law. Drawing upon Holmes and other critics of legal formalism...
rejected some of its earlier conservative interpretations. It ruled that a purposive (generous) interpretation would be appropriate for language rights...
divine revelation within the Christian church Accommodationism, a judicialinterpretation with respect to Church and state issues Accommodation bridge, a...
social obligation will therefore be no law at all. Crowe's work on judicialinterpretation is critical of originalism. He argues that judges should give legal...
explained by his choice to sometimes adhere to the more venerable judicial canons of interpretation, such as the constitutional avoidance canon. The word "textualism"...
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