15.5b Judicial Interpretation

Question 1

Living constitution

Answer 1

Society has changed over time and so the constitution must be adapted to modern values.

The constitution was written broadly so that it could evolve, which is what the living constitution approach does.

Question 2

Originalism

Answer 2

The constitution should remain unchanged because its meaning does not change over time.

Any changes to the constitution should be made by amendments, not judges.

Originalism prevents unelected judges making decisions reflecting their own beliefs without being held to account.

Judges with a living constitution approach make laws and give the Supreme Court a legislative role which it should not have.

Originalism means the court’s decisions will be more stable.