15.5.2

Judicial Interpretation

Test yourself

Judicial Interpretation

Judges with a living constitution approach view the constitution as flexible and adaptable to change in society, whilst originalism views the constitution in a literal way which cannot be interpreted.

Illustrative background for Living constitutionIllustrative background for Living constitution ?? "content

Living constitution

  • Society has changed over time and so the constitution must be adapted to modern values.
  • The constitution was written broadly so that it could evolve, which is what the living constitution approach does.
Illustrative background for OriginalismIllustrative background for Originalism ?? "content

Originalism

  • The constitution should remain unchanged because its meaning does not change over time.
  • Any changes to the constitution should be made by amendments, not judges.
  • Originalism prevents unelected judges making decisions reflecting their own beliefs without being held to account.
  • Judges with a living constitution approach make laws and give the Supreme Court a legislative role which it should not have.
  • Originalism means the court’s decisions will be more stable.

Jump to other topics

1Democracy & Participation

2Political Parties

3Electoral Systems

4Voting Behaviour & the Media

5Conservatism

6Liberalism

7Socialism

8The UK Constitution

9The UK Parliament

10The Prime Minister & the Executive

11Relationships Between Government Branches

12US Constitution & Federalism

13US Congress

14US Presidency

15US Supreme Court & Civil Rights

16US Democracy & Participation

17Comparing Democracies

18Feminism

19Nationalism

Unlock your full potential with Seneca Premium

  • Unlimited access to 10,000+ open-ended exam questions

  • Mini-mock exams based on your study history

  • Unlock 800+ premium courses & e-books

Get started with Seneca Premium