What is liberal construction?
Liberal construction means a legal concept instructing parties interpreting a statute to give an expansive meaning to terms and provisions within the statute. The goal of liberal construction is to give full effect in implementing a statute’s requirements.
Who were liberal constructionist?
Liberal Constructionists The Liberals were for a broad construction of the powers given to congress. They believed that the government needed to be “an energetic government” Hamilton stated. They were for a large government and this very much scared the Strict Constructionists.
What is the importance of liberal construction?
A form of construction which allows a judge to consider other factors when deciding the meaning of a phrase or document. For example, faced with an ambiguous article in a statute, a liberal construction would allow a judge to consider the purpose and object of a statute before deciding what the article actually means.
What is a loose or liberal constructionist?
Definition of loose constructionist : an advocate of loose construction (as of a statute or constitution) specifically : one favoring a liberal construction of the Constitution of the U.S. to give broader powers to the federal government — compare elastic sense 4a, strict constructionist.
What does liberal interpretation mean?
Liberal interpretation means interpretation agreeing to what the reader believes the author reasonably intended. Further, a liberal interpretation does necessarily involve a reasonable interpretation. The word ‘liberal’ is not synonymous with change.
What is the rule of strict construction?
The rule of lenity, also called the rule of strict construction, is a principle of criminal statutory interpretation that requires a court to apply any unclear or ambiguous law in the manner that is most favorable to the defendant.
What is liberal construction in interpretation of statutes?
Liberal or beneficial Construction means the interpretation should be made liberally with the intention to advance the purpose or object of the statute. Thus, in the case of strict interpretation, Courts may prefer the literal rule while liberal construction courts may prefer the golden rule or mischief rule.
Which framer advocated for a liberal construction of the Constitution?
Georgia (1831). One could argue that John Marshall, following in the footsteps of the Framers (and he had been a delegate to the Virginia ratifying convention), set the pattern of creative experimentation for liberal constitutionalism.
What is strict and liberal construction?
Strict Construction means each of the words in Statute should be inter- preted by letter and no regard should be had to the spirit beyond the statute. Liberal or beneficial construction means the interpretation should be made liberally with intention to advance the purpose or object of the statute.
What is the difference between loose construction and strict construction?
Strict construction describes a philosophy of constitutional interpretation that emphasizes a narrow reading of the plain text of the U.S. Constitution. Loose construction describes an approach that emphasizes the ways that historical context should change the way we interpret constitutional provisions.
What is meant by loose construction?
Loose Constructionism is the judicial philosophy whereby the Constitution is interpreted loosely, typically reading between the lines, to extract a meaning. When practicing loose constructionism, justices will take an issue and look at the context of it, and then at the constitution.
What is strict and liberal construction of statutes?
Strict Construction means each of the words in Statute should be interpreted by letter, and no regard should be had to the spirit beyond the statute. Liberal or beneficial Construction means the interpretation should be made liberally with the intention to advance the purpose or object of the statute.
What is the meaning of libliberal?
LIB’ERAL, a. L. liberalis, from liber, free. See Libe. 1. Of a free heart; free to give or bestow; not close or contracted; munificent; bountiful; generous; giving largely; as a liberal donor; the liberal founders of a college or hospital.
What is the origin of the term “liberal”?
However, we did not simply take the word liber and make it into liberal; our modern term for the inhabitants of the leftish side of the political spectrum comes more recently from the Latin liberalis, which means “of or constituting liberal arts, of freedom, of a freedman.”.
What does it mean to liberalize the mind?
LIB’ERALIZE, v.t. To render liberal or catholic; to enlarge; to free from narrow views or prejudices; as, to liberalize the mind. LIB’ERALIZED, pp. Freed from narrow views and prejudices; made liberal.
What are the economic issues of liberalism?
Economic Issues. In contrast, liberals believe many citizens rely on government services for healthcare, unemployment insurance, health and safety regulations, and so on. As such, liberals often favor a larger government that taxes more and spends more to provide services to its citizens.