Judicial Interpretation

Judicial interpretation is a theory or mode of thought that explains how the judiciary should interpret the law, particularly constitutional documents and legislation (see statutory interpretation). An interpretation which results in or supports some form of law-making role for the judiciary in interpreting the law is sometimes pejoratively characterized as judicial activism, the opposite of which is judicial lethargy, with judicial restraint somewhere in between.

In the United States, theories of judicial interpretation range from originalism and strict constructionism to functionalism. The Constitution can be viewed as a Living Constitution or as The Moral Constitution.