Question

Define 2 approaches employed by the Courts to interpret statutes.

Answer 1

Courts interpret statutes using approaches like judicial review, which assesses the constitutionality of laws, and stare decisis, which respects legal precedents for consistency in legal interpretation.

Step-by-step explanation:

Approaches to Statutory Interpretation

Courts employ various approaches when interpreting statutes. Two prominent methods are:

1. Judicial Review: Courts have the power to examine and determine the constitutionality of legislative acts in reference to the Constitution. Judicial review is a fundamental aspect of ensuring that laws comply with constitutional mandates. This method was solidified in the landmark case of Marbury v. Madison.
2. Stare Decisis: This Latin term, meaning 'to stand by decisions,' refers to the legal principle of following precedents established by previous court decisions. It is a cornerstone of legal interpretation, ensuring consistency and predictability in the law.

Both approaches are central to the dual court system in the United States, consisting of federal and state courts, and are influenced by judicial philosophies such as judicial restraint and originalism.