Last modified on November 24, 2020, at 04:50

Difference between revisions of "Strict construction"

m
(Tags: Mobile edit, Mobile web edit)
 
(3 intermediate revisions by 3 users not shown)
Line 1: Line 1:
'''Strict Construction''' is when courts practice [[Judicial Restraint]] by abiding by what the Constitution literally says.  The converse of this is interpreting the [[United States Constitution]] as a "living document" and creating new rights that aren't explicity in the Constitution.  The Constitution itself spells out the procedures for amending the document to include new rights.  Strict constructionists respect this process, while others simply bypass it.
+
'''Strict construction''' is the idea that courts should practice [[judicial restraint]] by abiding by what the Constitution literally says.  The converse of this is the idea that the [[United States Constitution]] should be interpreted as a "living document", creating new rights that aren't explicitly in the Constitution.  The Constitution itself spells out the procedures for amending the document to include new rights.  Strict constructionists respect this process, while others simply bypass it.
  
 
[[Category:Law]]
 
[[Category:Law]]
 +
[[Category:Judicial Restraint]]

Latest revision as of 04:50, November 24, 2020

Strict construction is the idea that courts should practice judicial restraint by abiding by what the Constitution literally says. The converse of this is the idea that the United States Constitution should be interpreted as a "living document", creating new rights that aren't explicitly in the Constitution. The Constitution itself spells out the procedures for amending the document to include new rights. Strict constructionists respect this process, while others simply bypass it.