Fighting a case is about how well the legal representative presents the arguments. The arguments are based on how the legal representatives interpret the statute. The process of comprehending statutes is known as constitutional interpretation. Another name of the same term is statutory interpretation. This is how the arguments are presented for both sides. The legal representatives have to prove that their interpretation is better than their opponentâ€™s. The interpretation should be such that it provides equal justice under law.
The courts rule a judgment based on how the laws are interpreted. The judge is not expected to make a law but derives something that arises out of the interpretation. The primary stage is to look at the direct meaning of the statute. After this, the judge will determine the further interpretation of the law. The judge analyses the statueâ€™s history as well to get a precise interpretation.
There are a bunch of methods that a judge can use for constitutional interpretation. The most common method is the use of judicial precedents. Judicial precedents are the basis of any arguments the lawyers or advocates use. These precedents put forward different rules and principles that can be used in the court of law. The more the number of cases, the higher there is a chance of the arguments succeeding. However, there is no proof that the number of cases affects the judgment passed.
The judges sometimes only stick to the original meaning of the statute. This technique is straightforward and avoids many controversies. However, this makes the judgment predictable, and people will then get away with heinous acts. Therefore, some judges used a different technique. This included interpreting the statute to another level. The opposite party can interpret the same law differently. It all depends on how the legal representative reasons their interpretation.
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