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Judicial interpretation

Index Judicial interpretation

Judicial interpretation refers to different ways that the judiciary uses to interpret the law, particularly constitutional documents and legislation. [1]

38 relations: Abortion in the United States, Antonin Scalia, Brown v. Board of Education, Constitution, Constitutional economics, Constitutionalism, Desegregation, Dred Scott v. Sandford, Felix Frankfurter, First Amendment to the United States Constitution, Freedom of speech, Hugo Black, Judicial activism, Judicial restraint, Judicial review, Judiciary, Jurisprudence, Law, Law of Australia, Law of Canada, Law of the United States, Legal interpretation in South Africa, List of national legal systems, Originalism, Precedent, Prudentialism, Roe v. Wade, Rule according to higher law, Separation of powers, Slavery in the United States, Statutory interpretation, Strict constructionism, Structuralism, Supreme court, Supreme Court of the United States, Textualism, The Washington Post, United States.

Abortion in the United States

Abortion in the United States has been, and remains, a controversial issue in United States culture and politics.

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Antonin Scalia

Antonin Gregory Scalia (March 11, 1936 – February 13, 2016) was an Associate Justice of the Supreme Court of the United States from 1986 until his death in 2016.

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Brown v. Board of Education

Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), was a landmark United States Supreme Court case in which the Court declared state laws establishing separate public schools for black and white students to be unconstitutional.

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Constitution

A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.

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Constitutional economics

Constitutional economics is a research program in economics and constitutionalism that has been described as explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of economic and political agents".

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Constitutionalism

Constitutionalism is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law".

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Desegregation

Desegregation is the process of ending the separation of two groups usually referring to races.

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Dred Scott v. Sandford

Dred Scott v. Sandford,, also known as the Dred Scott case, was a landmark decision by the United States Supreme Court on US labor law and constitutional law.

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Felix Frankfurter

Felix Frankfurter (November 15, 1882February 22, 1965) was an American lawyer, professor, and jurist who served as an Associate Justice of the Supreme Court of the United States.

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First Amendment to the United States Constitution

The First Amendment (Amendment I) to the United States Constitution prevents Congress from making any law respecting an establishment of religion, prohibiting the free exercise of religion, or abridging the freedom of speech, the freedom of the press, the right to peaceably assemble, or to petition for a governmental redress of grievances.

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Freedom of speech

Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or sanction.

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Hugo Black

Hugo Lafayette Black (February 27, 1886 – September 25, 1971) was an American politician and jurist who served in the United States Senate from 1927 to 1937, and as an Associate Justice of the Supreme Court of the United States from 1937 to 1971.

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Judicial activism

Judicial activism refers to judicial rulings that are suspected of being based on personal opinion, rather than on existing law.

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Judicial restraint

Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power.

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Judicial review

Judicial review is a process under which executive or legislative actions are subject to review by the judiciary.

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Judiciary

The judiciary (also known as the judicial system or court system) is the system of courts that interprets and applies the law in the name of the state.

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Jurisprudence

Jurisprudence or legal theory is the theoretical study of law, principally by philosophers but, from the twentieth century, also by social scientists.

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Law

Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior.

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Law of Australia

The law of Australia comprises many levels of codified and uncodified forms of law.

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Law of Canada

The Canadian legal system has its foundation in the English common law system, inherited from being a former colony of the United Kingdom and later a Commonwealth Realm member of the Commonwealth of Nations.

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Law of the United States

The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States.

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Legal interpretation in South Africa

Legal interpretation in South Africa refers to the juridical understanding of South African legislation and case law, and the rules and principles used to construct its meaning for judicial purposes.

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List of national legal systems

The contemporary legal systems of the world are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these.

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Originalism

In the context of United States constitutional interpretation, originalism is a way to interpret the Constitution's meaning as stable from the time of enactment, which can be changed only by the steps set out in Article Five.

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Precedent

In common law legal systems, a precedent, or authority, is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.

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Prudentialism

Prudentialism is a moral principle based on precautionary principles that are acting to avoid a particular negative effect.

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Roe v. Wade

Roe v. Wade, 410 U.S. 113 (1973), is a landmark decision issued in 1973 by the United States Supreme Court on the issue of the constitutionality of laws that criminalized or restricted access to abortions.

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Rule according to higher law

The rule according to a higher law means that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice.

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Separation of powers

The separation of powers is a model for the governance of a state.

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Slavery in the United States

Slavery in the United States was the legal institution of human chattel enslavement, primarily of Africans and African Americans, that existed in the United States of America in the 18th and 19th centuries.

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Statutory interpretation

Statutory interpretation is the process by which courts interpret and apply legislation.

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Strict constructionism

In the United States, strict constructionism refers to a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation.

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Structuralism

In sociology, anthropology, and linguistics, structuralism is the methodology that implies elements of human culture must be understood by way of their relationship to a larger, overarching system or structure.

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Supreme court

A supreme court is the highest court within the hierarchy of courts in many legal jurisdictions.

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Supreme Court of the United States

The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS) is the highest federal court of the United States.

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Textualism

Textualism is a formalist theory in which the interpretation of the law is primarily based on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as: intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law.

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The Washington Post

The Washington Post is a major American daily newspaper founded on December 6, 1877.

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United States

The United States of America (USA), commonly known as the United States (U.S.) or America, is a federal republic composed of 50 states, a federal district, five major self-governing territories, and various possessions.

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Redirects here:

Constitutional interpretation, Founders' Intent.

References

[1] https://en.wikipedia.org/wiki/Judicial_interpretation

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