Discover published sets by community

This legal theory advocates for decisions rooted in fairness, seeking to realize the Constitution's broader goals of justice.

This theory argues that the Constitution contains broad themes and ideas that the judiciary must elucidate and apply.

This method argues that moral concepts that are fundamental to the Constitution should guide its interpretation.

Under this view, the Court should defer to the other branches of government unless there is a clear constitutional violation.

This approach considers the Constitution as a living document that should evolve with societal changes.

This theory looks to the structure of the Constitution holistically to understand its various parts.

This theory suggests that constitutional interpretation should factor in judicial precedents and past practices.

This theory holds that the Constitution should be interpreted based on the original understanding of the authors or the people at the time it was ratified.

Based on this theory, the scope of constitutional rights expands and contracts with the political and social discourse at large.

This framework stipulates that the Constitution’s meaning comes from the text alone.

This approach interprets the Constitution by inferring underlying principles that may not be explicitly detailed in the document.

This theory is characterized by the belief in minimal judicial interference and a strict adherence to the Constitution as written.

This theory supports a more active role for the judiciary in interpreting the Constitution, often leading to the prosecution and expansion of rights.

This framework incorporates a combination of approaches, recognizing that no single theory can address every constitutional interpretation issue.

This philosophy posits that modern societal needs and empirical evidence should inform constitutional interpretation.

This theory holds that the interpretation and application of the law should reflect the social, economic, and political climate of the times.

This theory emphasizes the importance of historical practices and the traditional understanding of legal roles.

This approach leans on various disciplines, like economics and psychology, to inform the understanding and application of the Constitution.

This theory posits that the Constitutions should be interpreted to give effect to the intent of the specific framers and authors.