The Constitution gave this onerous task to the judiciary. Keeping the role of the Supreme Court as final interpreter of the Constitution and the laws enacted under it, the judiciary assumes the role of its guardian.
Who is the final answer to interpret the Constitution of India?
Supreme Court is the final authority to interpret the constitution of India.
Who is the final answer to interpret the Constitution?
As the final arbiter of the law, the Court is charged with ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution. The Supreme Court is “distinctly American in concept and function,” as Chief Justice Charles Evans Hughes observed.
Who's responsibility is it to interpret the Constitution?
When it comes to interpreting the constitution, the responsibility falls on the Supreme Court , which is part of the judicial branch of the federal government.
What does Amendment 9 say?
The full text of the Ninth Amendment is: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people . Prior to, during, and after ratification of the Constitution, debate raged about the protection of individual rights.
[1] Ever since the Supreme Court has been the interpreter of the Constitution and the arbiter of all amendments made by Parliament.
Can the President interpret the Constitution?
(2016) asserts that, because of the presidential oath of office and the Take Care Clause, “ The Constitution requires the President to interpret the Constitution and may allow him to act based on that interpretation” (1189).
What are the rules of interpretation of Constitution?
General rules of interpretation of the Constitution. If the words are clear and unambiguous, they must be given the full effect. The constitution must be read as a whole. Principles of harmonious construction must be applied.
Can High Court interpret the Constitution?
Yes, High courts have the power to interpret the Constitution .
As the final arbiter of the law, the Court is charged with ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution. The Supreme Court is “distinctly American in concept and function,” as Chief Justice Charles Evans Hughes observed.
Which government has the power to interpret the Constitution?
Judiciary has the power to interpret the constitution and acts an umpire in case of disputes between central government and state government.
Who has the right to interpret or explain the Constitution in us?
Each of the three coordinate branches of government created and empowered by the Constitution— the executive and legislative no less than the judicial —has a duty to interpret the Constitution in the performance of its official functions.”).
Why is 9th amendment important?
The Ninth Amendment is a constitutional safety net intended to make clear that individuals have other fundamental rights , in addition to those listed in the First through Eighth Amendments. ... This group of framers opposed a bill of rights entirely and favored a more general declaration of fundamental rights.
How can the 9th amendment be violated?
The states are violating the 9th amendment by banning same sex marriage . ... The only way the ban on same sex marriage can be legal is to ban all marriage. The states can not take the rights from one group of citozens while leaving the rest of them with the same right.
What is Article 9 of the US Constitution?
Article I, Section 9 specifically prohibits Congress from legislating in certain areas . ... The ban is intended to prevent Congress from bypassing the courts and denying criminal defendants the protections guaranteed by other parts of the Constitution.
Which act is applicable for interpretation of Constitution?
Applicability of the General Clauses Act, 1897 for the interpretation of the Constitution: Article 367(1) of the Constitution states that the General Clauses Act, 1897 (subject to the adaptations and modification made under Article 372) shall apply for the interpretation of the Constitution.
