The True Sources of Law

Judicial Interpretation & Common Law

In terms of judicial interpretation of law such as that of common law, judges often look to past rulings for guidance depending upon what area of the hierarchical structure that they reside within. In pursuit of such a judicial interpretation, judges will first look to the laws that are already set forth, and then attach their own interpretation of how it must be applied to whatever case they may be presiding over at the moment. Aside for such a method of interpreting common law, judicial interpretation may be garnered by way of other approaches as concern the constitution for instance. These include: contextualists, developmentalists, doctrinalists, originalists, structuralists, and textualists/strict constructionists.

Judicial Interpretation & Common Law

In terms of judicial interpretation of law such as that of common law, judges often look to past rulings for guidance depending upon what area of the hierarchical structure that they reside within. In pursuit of such a judicial interpretation, judges will first look to the laws that are already set forth, and then attach their own interpretation of how it must be applied to whatever case they may be presiding over at the moment. Aside for such a method of interpreting common law, judicial interpretation may be garnered by way of other approaches as concern the constitution for instance. These include: contextualists, developmentalists, doctrinalists, originalists, structuralists, and textualists/strict constructionists.

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