Constitutional Interpretation - Essay Example

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Summary

The paper under the title 'Constitutional Interpretation' presents the implications of legal interpretation of the written constitution. Various judgments with regard to Constitutional Interpretation are drawn from American History, political philosophy, and literary theory…

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Subject: Law
Type: Essay
Level: High School
Pages: 1 (250 words)
Downloads: 2
Author: carrollmaverick

Extract of sample "Constitutional Interpretation"

With this view in mind, the constitution must be interpreted with the needs of the people it is supposed to govern in mind. In addition to this, non-originalism allows judges to rectify inflexible interpretations that no longer serve their original purposes (Whittington, 2001).The need to amend or possibly revoke bad laws that exist in the constitution will be realized with continual originalist interpretations. Other than leave courts to continuously find fault in the constitutional provisions, the people concerned will be obliged to come up with a new constitution that best suits the needs of people.

However, coming up with a new constitution is a costly affair and this is the reason why non-original interpretations should be given way. Moreover, they will allow for a more enlightened understanding of contemporary issues such as equal treatment of blacks, women and other minority groups (Whittington, 2001).With these views in place, it is clear that non-originalist interpretations of the constitution are more favorable. Apart from the fact that they save the government a lot of money that may be incurred in coming up with a new constitution, they also allow for the opportunity of taking care of the citizen needs that might have not been there earlier when the constitution was being made.

Therefore, non-originalist interpretations of the constitution must be adopted.

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(Theories of Constitutional Interpretation Essay Example | Topics and Well Written Essays - 487 words, n.d.)
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