What is strict construction of the Constitution?
Strict sense of the term Strict construction requires a judge to apply the text only as it is written. Once the court has a clear meaning of the text, no further investigation is required. Judges—in this view—should avoid drawing inferences from a statute or constitution and focus only on the text itself.
What is the rule of strict construction?
The rule of lenity, also called the rule of strict construction , is a principle of criminal statutory interpretation that requires a court to apply any unclear or ambiguous law in the manner that is most favorable to the defendant.
What is the definition of strict interpretation?
Definitions of strict interpretation understanding and explaining the meaning of something based only on what the reader believes the author must have been thinking at the time the text was written.
What does constructionist mean?
: one who construes a legal document (such as the U.S. Constitution) in a specific way a strict constructionist .
What does strictly construed mean?
This means that a court must make a decision based on the language used in writing a statute and must make no interpretation of a law.
What does Textualism mean?
Textualism is a method of statutory interpretation whereby the plain text of a statute is used to determine the meaning of the legislation. Instead of attempting to determine statutory purpose or legislative intent, textualists adhere to the objective meaning of the legal text.
How do we construe criminal law?
“An amended act is ordinarily to be construed as if the original statute has been repealed, and a new and independent act in the amended form had been adopted in its stead; or, as frequently stated by the courts, so far as regards any action after the adoption of the amendment, as if the statute had been originally
What is the definition of stare decisis?
Stare decisis is a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case. Stare decisis is a Latin term meaning “to stand by that which is decided.”
What is the legislation?
Legislation is a law or a set of laws that have been passed by Parliament. The word is also used to describe the act of making a new law.
What does narrow interpretation mean?
A theory of interpretation of the Constitution that holds that the courts, particularly the Supreme Court, should be bound by the exact words of the Constitution, or by the original intent of the framers of the Constitution, or a combination of both.
What is a constructionist perspective?
Constructionist perspectives are ways of viewing reality as a human cognitive or social production. Individual or personal constructionism refers to how humans make cognitive meaning of their experiences of their environment.