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Theories of Constitutional Interpretation

Different judges may apply different modes of constitutional interpretation to provide their judgement. Some of these theories of constitutional interpretation include textualism, originalism, and living constitution (Murrill, 2018). Generally, there are numerous modes of constitutional interpretation with diverse reasoning.

Textualism approach relies on the plain meaning of constitutional information. According to Murrill (2018), textualism focuses solely on the meaning of the text in the constitution, without considering the intention behind the law or scenario being used. On the other hand, Originalism is a strategy that aims at the broader meaning of the text in a legal document, and posits that a specific intention guided the establishment of a certain law, thus the judges' duty is to unearth that specific intention or meaning (Murrill, 2018). Finally, the living constitution approach asserts that the meaning of text in a constitutional keeps changing depending on the needs of the changing society, and that the text is made to adapt to new circumstances without a formal amendment (Calabresi, 2021). In short, textualism, originalism, and living constitution approaches look at constitution from different perspectives.

In general, originalism suits my beliefs. According to Murrill (2018), originalism reduces judicial biasness, where judges are barred from ruling cases in line with their own selfish interests. Originalism advocates for a formal method of changing constitution unlike other approaches like living constitution (Murrill 2018). Other modes like living constitution awards a judge more powers of finding a law that adapts to a specific situation, without a formal change of constitution. In that case, a judge may twist a piece of law to suit their interests, thus jeopardizing fairness in judgement. Therefore, constitutional change should be formal and left to be recognized by accountable bodies like Congress. In brief, originalism best suits my beliefs as it focuses on objectivity in judgment.

The kind of constitutional interpretation adopted determines the nature of verdict given. As such, it is essential to consider a broader interpretation of constitution that will ensure that judicial judgment is devoid of prejudice. Overall, there are numerous theories of constitutional interpretation with diverse explanations of the constitution.

References

Calabresi, S. G. (2021). Essay on originalism in constitutional interpretation. Constitution Center. https://constitutioncenter.org/interactive-constitution/white-papers/on-originalism-in-constitutional-interpretation

Murrill, B. J. (2018). Modes of constitutional interpretation (No. R45129). Congressional Research Service. https://sgp.fas.org/crs/misc/R45129.pdf