Question: How do you think justices should decide cases? Should the Constitution be interpreted through strict constructionism or interpreted in light of the changing times and values? Why?
Topic: Law
Asked by: John Bashu
Answers
Answered by: Nino Hendricks
This question is not one that has a straight forward answer and the specific piece being interpreted must be considered within its own merit and against the specific set of circumstances that requires interpretation. Strict constructionism is linked to the narrow interpretation and in some instances the narrow interpretation is needed, yet in some instances a broader approach should be preferential. Our Constitution is the supreme law of the land. If we look at s36 of the Constitution then interpretations relating to those rights should be in the narrow sense. However, if we look at s39 it specifically speaks towards a broader interpretation.
Therefore I think each interpretation should be determined on own merit and whichever the interpretation is, it should accord with the Constitution.
