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GP210 week 2 - Research Paper Example

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Various judgments with regard to Constitutional Interpretation are drawn from the American History, political philosophy and literary theory. The constitution is what…
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Constitutional Interpretation Constitutional Interpretation considers the implications of legalinterpretation of the written constitution. Various judgments with regard to Constitutional Interpretation are drawn from the American History, political philosophy and literary theory. The constitution is what determines how people are governed thus it is an important topic. There are various schools of thoughts with regard to how the constitution should be interpreted. Originalist and non-originalist views are some of them and will be the basis of this discussion.
Some people with originalist views argue that a constitution does not evolve or change; therefore, it will always mean what it meant when it was adopted in a country (Exploring Constitutional Conflicts, 2012). With this view in mind, its interpretation must be in line with the thoughts that the people who came with it had in mind. These people also argue that originalism preserves the authority of the court which is a mandatory element in ensuring that there is the prevalence of justice in a country. Thus, this school of thought believes that the constitution must be interpreted with regard to the views of the original composers.
On the other hand, those who oppose this viewpoint argue that no written constitution can anticipate the means that the government might use to oppress people; hence it is sometimes mandatory for judges to fill in the gaps that exist in the constitution through their interpretation (Exploring Constitutional Conflicts, 2012). With these 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 more enlightened understanding on 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.
References
Whittington, K. E. (2001). Constitutional Interpretation: Textual Meaning, Original Intent and Judicial Review. Kansas: University Press of Kansas.
Exploring Constitutional Conflicts. (2012). Theories of Constitutional Interpretation. Retrieved on 7th May 2012 from http://law2.umkc.edu/faculty/projects/ftrials/conlaw/interp.html Read More
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