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Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework.
Original intent is a theory in law concerning constitutional and statutory interpretation. It is frequently used as a synonym for originalism; while original intent is one theory in the originalist family, it has some salient differences which has led originalists from more predominant schools of thought such as original meaning to distinguish original intent as much as legal realists do.
Judicial activism is a judicial philosophy holding that courts can and should go beyond the applicable law to consider broader societal implications of their decisions. It is sometimes used as an antonym of judicial restraint . [ 1 ]
Opponents of the doctrine tend to use the term as an epithet synonymous with "judicial activism" (itself a hotly-debated phrase). However, just as some conservative theorists have embraced the term Constitution in Exile , which similarly gained popularity through use by liberal critics, textualism was a term that had pejorative connotations ...
The Republican majority of the U.S. Supreme Court tells us they are “originalists” — interpreting the U.S. Constitution based on what it meant as originally written.
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.
In the United States, strict constructionism is a particular legal philosophy of judicial interpretation that limits or restricts the powers of the federal government only to those expressly, i.e., explicitly and clearly, granted to the government by the United States Constitution.
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary.This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.