Module 4 judicial interpretation

Bachelor of Laws Programme

Module 4

Judicial Interpretation

Š George Windsor - 13/04/2017

King’s College London New United Kingdom

Introduction & Reading List Introduction Welcome to your fourth and final module. In this module you will be looking at judicial interpretation.

Outcome 1

1.1 Understand the principle of constitutional law.

Outcome 2

2.1 Understand the term Rule of Law

Outcome 3

3.1 Understand the term Separation of Powers.

King’s College London New United Kingdom

What is Judicial Interpretation?

Judicial interpretation are the different ways the judiciary uses to interpret the law, particularly constitutional documents and legislation.

The forms of interpretation are: Balancing Doctrinalism Founders’ Intent Originalism Prudentialism Precedent Strict Constructionism Structuralism Textualism.

King’s College London New United Kingdom

Judicial Interpretation Part 1

Balancing Balancing occurs when judges weigh one set of interests or rights against opposing set. It is usually used to make rulings in cases involving freedom of speech.

For example, in a case regarding freedom of speech, it may sometimes require judges to make a distinction between legally permissible speech and speech that can be restricted or banned for reasons of safety. The task is for judges to balance these conflicting claims.

Doctrinalism This considers how various parts of the Constitution have been shaped by the Court’s own jurisprudence.

Founders Intent This requires judges trying to gauge the intentions of the authors of the Constitution.

King’s College London New United Kingdom

Judicial Interpretation Part 2

Originalism This involves judges trying to apply the “original� meanings of different constitutional provisions. This is used where a judge believes that the text of the Constitution should mean the same today as it did when it was written.

Pridentialism This discourages judges from setting broad rules for possible future cases, and advises courts to play a, limited, role.

Precedent This is where judges decide a case by looking to the decision of a previous and similar case according to the legal principle of stare decisis, by finding a rule or principle in an earlier case to guide their judgement.

King’s College London New United Kingdom

Judicial Interpretation Part 3

Strict Constructionism Involved judges interpreting the text only as it was written. When a clear meaning has been established, there is no need for further analysis.

This advocates that judges should avoid drawing inferences from previous statutes or the constitution and instead focus on exactly what was written.

Structuralism This is a where judges search for the meaning of a particular constitutional principle only by reading it against the larger constitutional document or context. Judges try to understand how a ruling fits within the larger structure of the constitution.

Textualism Primarily interprets the law based on the ordinary meaning of the legal text.

King’s College London New United Kingdom

Assessment

Congratulations! You have reached the end of Module 4.

Please complete contact your Lecturer in order to access your assessment.

King’s College London New United Kingdom