As the final arbiter of the law, the Court is charged with ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution.

The Constitution left many aspects of our governance and our rights intentionally vague, partially because it would have been impossible for the Framers to predict the evolution of society.

The purpose of this lesson is to explain the two overarching modes of constitutional interpretation – strict and loose construction – and their use and application to particular Supreme Court cases.

Judicial interpretation refers to different ways that the judiciary uses to interpret the law, particularly constitutional documents, legislation and frequently used vocabulary. As a result, how justices interpret the constitution, and the ways in which they approach this task has a political aspect.

Constitutional Interpretation, sometimes referred to as Judicial Interpretation, is the name given to the different viewpoints on the Constitution when it is applied to court cases and legislation.

Yes, High courts have the power to interpret the Constitution.

the Supreme Court

General Clauses Act, 1897

Principles of interpretation The fundamental principle of statutory interpretation is that the words of a statute be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of the legislature.

The general rule of interpretation of statute is that the Court while interpreting the statute or any part of it would use literal rule of interpretation. Literal rule means adherence to the words mentioned in the act. Under this approach the court focuses on the literal meaning of the constitutional provisions.

The purpose of the General Clauses Act is to place in one single statute different provisions as regards interpretation of words and legal principles which would otherwise have to be specified separately in many different Acts and Regulations.

Rule of Beneficial Construction When there are two or more possible ways of interpreting a section or a word, the meaning which gives relief and protects the benefits which are purported to be given by the legislation, should be chosen.

An Act will always contain sections; A regulation will always contain Regulations or Rules; Section 2 usually contains information about when the Act or Regulation/Rules commences; Sections (regulations) may be further divided into sub-sections (sub-regulations) and paragraphs.

A repeal is the removal of a law or provision of that law from the statute book. If a provision is repealed, a new compilation will be prepared to remove the provision. A law that has been repealed will display on the Legislation Register as no longer in force.

To repeal any element of an enacted law, Congress must pass a new law containing repeal language and the codified statute’s location in the U.S. Code (including the title, chapter, part, section, paragraph and clause).

The terms ‘Law’ and ‘Act have certain similarities that they are used interchangeably at times. Yet, the key difference between them is that an Act is passed by the legislative and Law is the rules and regulation enforced by the government.

Acts set out the broad legal/policy principles. REGULATIONS, RULES, CODES etc. are commonly known as “subsidiary legislation” and require publishing in the Government Gazette to become legal. These are the guidelines that dictate how the provisions of the Act are applied.

LawCentral Alberta Regulations are the rules that address the details and practical applications of the law. The authority to make regulations related to an Act is assigned within that Act. Just like statutes, regulations have the full force of law.

Act and Rule (Difference) – An act is a law or the statute which has been passed by the legislature and approved by the President of India. Rules, on the other hand, help in governing law. They are secondary. They are in place to make the parent Act work effectively.

Laws created by agencies are called “regulations.” Regulations usually must be authorized by a statute, and are subordinate to statutes. However, they have the same legal force as statutes. Agencies are part of the executive branch of state and federal government, and thus are tasked with the execution of the law.

The first edition of the CFR was published in 1938, and it has since gone through many changes. These rules are considered legally binding just as any statute. The Office of the Federal Register publishes the CFR annually in 50 titles.

The statute is the law that Congress enacted and it is the legal evidence of the law. Therefore, the best way to refer to a provision enacted in positive law is by the provision of the U.S. Code. The U.S. Code is the actual law that Congress enacted and it is also the legal evidence of the law.

State or local laws held to be preempted by federal law are void not because they contravene any provision of the Constitution, but rather because they conflict with a federal statute or treaty, and through operation of the Supremacy Clause.

Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.

Therefore, the power to make final decisions about the constitutionality of federal laws lies with the federal courts, not the states, and the states do not have the power to nullify federal laws. The Supreme Court rejected nullification attempts in a series of decisions in the 19th century, including Ableman v.

For a state to force the federal government to do anything would be very difficult but by nullifying the unconstitutional “law” or regulation they have placed the feds on notice that they have exceeded their authority. And if enough states nullify the law, the feds are powerless to enforce it.