Simple English definitions for legal terms
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Strict constructionism is a way of interpreting laws or documents by only looking at the exact words used, without considering any other sources. This means that judges should only use the literal meaning of the words to make decisions, especially when it comes to laws that have punishments. Another way to describe this is by using terms like literal canon, literal rule, or textualism. Someone who follows this way of thinking is called a strict constructionist.
Definition: Strict constructionism is a legal doctrine that holds that judges should interpret a document or law based solely on its literal terms, without considering other sources to determine its meaning. This approach is often used in cases involving penal sanctions.
Examples: If a strict constructionist judge were interpreting the Second Amendment of the U.S. Constitution, they would only consider the literal text of the amendment, which states that "the right of the people to keep and bear Arms, shall not be infringed." They would not consider any other historical or contextual factors that might shed light on the meaning of the amendment.
Another example of strict constructionism in action is the interpretation of a criminal statute. A strict constructionist judge would only consider the exact wording of the statute and would not look to other sources, such as legislative history or prior court decisions, to determine its meaning.
Explanation: Strict constructionism is a legal philosophy that emphasizes the importance of interpreting laws and documents based solely on their literal text. This approach is often contrasted with other interpretive methods, such as originalism or living constitutionalism, which take a broader view of the law and consider factors beyond the literal text. Strict constructionism is favored by some judges and legal scholars who believe that it promotes consistency and predictability in the law.