Legislature and Judiciary

Legislature and Judiciary

Introduction

The following paper based on the interpretation of the constitution. As mentioned in the scenario that Montesquieu claimed that the powers of the government should be separated because all the power bestowed to single party would lose all the credibility. The formation of law and constitution amendments and also the interpretation of the law is the technical issue, therefore, the three main powers that the government holds with itself like the making of laws, executing the public resolutions and that of judging the crimes of the individuals should be spirited from the government. Therefore, the author is of the idea that the differing interpretations of a constitution are serious cause of the treat for the democratic operations. To overcome this problem, in the below discussion, certain points raised that can help the reader to get better understanding of the issues.

Discussion

Traditionally it has been considered that the constitutional contains the creation of the supreme organs of the state, its organization and the distribution of its powers (organic part) and also the fundamental rights of the human person and of social groups that may oppose the governed the organs of public power (part dogmatic) and creation procedures repealing laws. However, there are different standards of content that does not differ from that possess the normal rules, called aggregates are constitutional, and its distinction less clear in relation to the ordinary rules, but even in this case we can say that the contents of the first were more significance and value, it was decided to protect the constitutional mantle granted the supreme character .

Congressional Research Service

As mentioned in the report that published by the Congressional Research Service in 2011, the author Thomas stated that the U.S. constitution is a complex legal document, whose main purpose is to setting out the working structure for the federal government and the legal authorities working under the federal government. The author admitted that there is complicated legal relationship between the federal government, state government and the persons that have been subjected to fall under the respective jurisdiction. The analysis of the constitutional interpretation in a never ending debate because of the complexity of the issues involved, however, there are certain laws in the constitution whose interpretation do not required but yet certain untouched issues still prevailing in the constitution that need to be touched.

In studying the literature, a solution come across is the use of the historical documents while interpretation of the constitution could be beneficial because the historical documents were derived for the suitability of the system and the constitutional doctrine also referred the historical documents with the name of “Originalism”. However, there are still other theories prevailing for the constitutional interpretation to get the original document but the most effective is the orginalism. Initially it was considered that the interpretation, rather than seeking the subjective will of the legislature, therefore, it should pursue the best mode of application of the law according to its ...