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liberal construction
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liberal construction
of the U.S. Constitution


  a philosophy of judicial interpretation that stresses a good result (in the context of current society) above conformity to the tenets of legal formalism
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liberal interpretation liberal construction
Strongly Associated with:   strict construction
Notes:
Often called "liberal interpretation"  or (especially by its critics) "judicial activism."  Liberal constructionists can easily point to situations where ignoring context that is not in a contract or not applicable when the Constitution was written would result in an unreasonable findings.

Many will point to consistency of rule-of-law as a virtue that needs to be weighed against other virtues such as adaptation to changing context. In "The Common Law," Oliver Wendell Homes Jr. said that a good judge should place "experience" above "logic": "the felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men."

For a defense of "strict constructionism," see the notes that follow that word (which was the previous word in this list).
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Associated words [difficulty]:   liberal construction , strict construction [9] , strict construction [9] , Bill of Rights [5] , due process [6] , strict construction [9]
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Most commonly used in these subjects:   Law, Public Policy & Politics
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