Difference between revisions of "Strict construction"
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| − | '''Strict Construction''' is when courts practice [[Judicial Restraint]]. 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. | + | '''Strict Construction''' is when courts practice [[Judicial Restraint]] by abiding by what the Constitution 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. |
[[Category:Law]] | [[Category:Law]] | ||
Revision as of 06:36, May 17, 2008
Strict Construction is when courts practice Judicial Restraint by abiding by what the Constitution 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.
