Difference between revisions of "Strict constructionism"
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| − | '''Strict constructionism''' is a judicial principle, first developed by [[Thomas Jefferson]]'s [[ | + | '''Strict constructionism''' is a judicial principle, first developed by [[Thomas Jefferson]]'s [[Democratic-Republican Party]], which interprets provisions of the [[United States Constitution]] narrowly. |
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| + | Strict constructionists 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 04:23, December 24, 2020
Strict constructionism is a judicial principle, first developed by Thomas Jefferson's Democratic-Republican Party, which interprets provisions of the United States Constitution narrowly.
Strict constructionists 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.
