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    23 views1 page

    Stat Con

    Uploaded by

    Anna Guevarra
    asklsdjjfnsdjvn

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    APPROACHES TO INTERPRETATION

    TEXTUAL APPROACH - Narrowly parsing the text of the document and


    nothing more, or of examining the words
    alone.
    - Text is the most obviously authentic
    embodiment of constitutional truth.
    STRUCTURAL ANALYSIS / INSTITUTIONAL - Text shows but not directly say.
    RELATIONSHIPS - Diction, word repetitions, and documentary
    organizing forms all contribute to a sense of
    what the Constitution is about, and that is as
    obviously “constitutional” as are the
    Constitution’s word as such.
    HISTORICAL OR ORIGINALIST APPROACH - Looking at the lawmaker’s intent or applying
    the Constitution only in the ways that the
    framers consciously intended.
    NORMATIVE/ ETHICAL APPROACH - Elucidation of meaning through attempts to
    discern which interpretation best accords with
    the ethos or moral and political character and
    identity of the person.
    DOCTRINAL OR STARE DECISIS APPROACH - Judicial elaboration of decisional doctrine to
    derive answers to constitutional questions.
    PRUDENTIAL OR BALANCING APPROACH - Search for meaning through a deliberately
    eclectic combination of the above approaches.

    RULES AND PROCEDURE OF CONSTITUTIONAL INTERPRETATION

    VERBA LEGIS - Whenever possible, the words used in the


    Constitution must be given their ordinary
    meaning except when technical terms are
    employed.
    RATIO LEGIST EST ANIMA - The words of the Constitution should be
    interpreted in accordance with the intent of its
    framers.
    MAGIS VALEAT QUAD PEREAT - The Constitution should be interpreted as a
    whole.
    COMMON USAGE - The words used should be used in a sense
    that they have in common usage and given
    their ordinary meaning, except when technical
    terms are used in which the case the meaning
    of the technical terms should govern.
    PROSPECTIVE APPLICATION -
    VERBA LEGIS NON EST RECEDENDUM, INDEX - Interpretation should be used where a literal
    ANIMI SERMO EST interpretation would be impossible, absurd, or
    unjust.
    EXPRESIO UNIUS EST EXCLUSIO ALTERIUS - The statement of one thing or fact suggests
    the exclusion of all others.
    - The expression of one thing in a statute or
    document will be interpreted to mean.
    MANDATORY AND DIRECTORY PROVISIONS -

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