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The purposive approach (sometimes referred to as purposivism, [1] purposive construction, [2] purposive interpretation, [3] or the modern principle in construction) [4] is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose.
Textualism is a formalist theory in which the interpretation of the law is based exclusively on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law.
Legal formalism is both a descriptive and normative theory of how judges should decide cases. [1] In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the facts; formalists believe that there is an underlying logic to the many legal principles that may be applied in different cases.
Nebraska, 262 U.S. 390 (1923), the Supreme Court held that a 1919 Nebraska law restricting foreign-language education violated the Due Process Clause of the Fourteenth Amendment to the United States Constitution. The Nebraska law had been passed during World War I, during a period of heightened anti-German sentiment in the United States. The ...
Substantive due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution.
Bostock v. Clayton County, 590 U.S. 644 (2020), is a landmark [1] United States Supreme Court civil rights decision in which the Court held that Title VII of the Civil Rights Act of 1964 protects employees against discrimination because of sexuality or gender identity.
President Donald Trump is seeking to end birthright citizenship, a constitutional right enshrined in the 14th Amendment. We asked two experts in constitutional and immigration law to walk us ...
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