Difference between revisions of "Strict construction"
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| − | '''Strict Construction''' is | + | '''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 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. |
[[Category:Law]] | [[Category:Law]] | ||
Revision as of 16:28, December 27, 2009
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 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.