Selected Theories of Constitutional Interpretation Congressional Research Service 2 theories should be applied.8 Further, judges or justices do not generally limit themselves to one mode of analysis, but, rather, select tools of interpretation based on the nature of the issue at hand. Dynamic theories do not restrict interpretation to the plain meaning of a statute at the time of enactment, or to its purpose or the intention of parliament. Contextual + Systematic interpretation(CSI) Examples of generous interpretation in a sentence, how to use it. PURPOSIVE APPROACH 153 1. Certain times and places are better suited to one theory of constitutional interpretation than are other times and places. Interpretation connotes more than construction does, the idea of determining the legal meaning of any enactment. You are taking the time to carefully craft a well put together response. . Interpretation is a journey of discovery. interpretation but doesn't explain why generous approach adopted in first place, anyway - Courts well aware that interpretation of supreme law requires different approach than interpretation of ordinary law Fanciful to suggest GI is merely reminder of basic principles of Cons theory IV. Thus, any truly general theory will apply to law. This chapter turns from theories of interpretation developed in particular disciplines to general theories. 20 examples: He is a sort of know-it-all, always looking for the least generous… Construction is more concerned with extracting the grammatical meaning. The Theory - Purpose of the Provision 153 2. Supreme Court Justice Antonin Scalia is one of the leading proponents of originalism as a theory of constitutional interpretation. The irony of the learned judge’s interpretation of the very constitutional provision dealing with the prescribed manner of interpretation of statutory provisions, where he refers to and in leans upon the derived (“afgeleide”) intention of the legislature, is evident and not insignificant. You never speak to others when passing in the hallway or on the elevator. For an extended excerpt from Justice Scalia's "Originalism, the lesser evil," click here. Graham, "A Unified Theory of Statutory Interpretation." Source of Values 143 3. The Criticisms - What and Whose Values? . You respond to emails 1-2 days later. 7 . STRUCTURAL APPROACH 167 1. material distinction between the two. The Criticisms - Still Too Vague 160 6. 4. 152 5. You seem very standoffish. Everyone agrees that legal analysis involves one form (or a number of related forms) of interpretation. You are very deep in thought about the items on your to-do list. Any theory of constitutional interpretation that completely ignores either text or original intentions and focuses primarily on consequences is wrong. The Theory - Institutional Interrelationships 167 2. The standard picture of interpretation is focused on language, using various linguistic conventions to discover a document’s meaning or a drafter’s intent. 12 It is the 3 R.N. in statutory interpretation come out of the text by use of interpretative techniques and extrinsic aids in the first instance. VALUE-BASED MODELS OF INTERPRETATION 140 1 .The Theory - Values to t he Rescue 140 2. The Agnese Haury Institute for Interpretation, National Center for Interpretation The University of Arizona, Tucson, Arizona With deepest gratitude for 30 years of sincere commitment to social justice through language access, for the visionary and generous sponsorship of interpreter training research, materials, programs, and for the research and A normative theory is concerned with what ‘ought to be’ over a period of time.