Judicial Interpretation
Political Studies: Edexcel A Level, topic 15.5.2
Judicial Interpretation
Justices with a living constitution approach view the Constitution as flexible and adaptable to change in society, whilst originalists interpret the Constitution according to its original and fixed meaning.
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.
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.