Judicial interpretation - Ballotpedia

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Judicial interpretation refers to how a judge interprets laws. Different judges interpret the laws of their state or the country in different ways. Some judges are said to interpret laws in ways that cannot be sustained by the plain meaning of the law; at other times, some judges are said to "legislate from the bench." These judicial behaviors are sometimes referred to as judicial activism, which is contrasted to judicial restraint as a way of interpreting both what laws say and how much freedom judges have to create new laws from the bench.^[1]^[2]

Types of interpretation

In addition to the contrast between judicial activism and judicial restraint, other theories of judicial interpretation include:

Doctrinalism
Developmentalism
Contextualism
Structuralism

See also

Footnotes

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