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Ellen Ross
History
21 December, 10:37
Describe a strict constitution
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Allyson Walker
21 December, 10:48
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A strict constitution refers to narrow interpretation of a legal text like in the constitution, in which whoever is doing the interpretation is not allowed to deviate from the context of that text. In other words, there is not any room for interpreting other than what is written in the text. This presents tremendous difficulties when trying to understand and interpret something, that was written in relatively general terms like the US constitution.
This is the most difficult part of the job for a Judge, who has to make decisions only using and considering what is presented in a legal document. Judges who follow and adhere to this legal philosophy of interpretation of the constitution are called Strict Constructionist. They usually ignore context and only consider the written words.
Furthermore, Strict Constructionist are not motivated by political or personal reasons when they apply the law. When making a ruling, they are not interested in obtaining or seeking any particular results. They just want to follow what is exactly written in the document. This approach is called Judicial activism.
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