Should the courts seek the critical thinking example

Subjects: Constitution, Law

Info

Published: November 13, 2021
Updated: November 13, 2021
University / College: University of Reading
Language: English
Downloads: 9

Critical thinking

Justice is one of the most essential areas to look at in every country, and the judiciary is an essential arm of the government, that plays a crucial role in upholding justice in every sovereign and democratic state across the globe. In the twenty first century, however, there has been a growing difference between the judicial body and the law, particularly, the constitution.
Barbara A. Perry, in her article that analyzes the implementation of the American constitution, explains that there have been changes in the implementation of the laws, citing the fact that the constitution has been entirely silent, especially in addressing justice, as well as law making roles. In her opinion, therefore, the governmental institution has been facing challenges in both the legislative, as well as the judicial body. From her research and analysis, the American people are already losing faith in the constitution, citing the fact that Americans view the constitution as a document that morphs from one generation to the next (Barbara 5).
Gregory E. Maggs, on the other hand, concurs with Barbara in his sentiments. In order to understand the current implementation as well as neglecting of the constitution, he analyzes the different opinions and perspectives that the judicial bodies, which in this case are represented by the court of law, view the constitution. According to Maggs (14), there has been minimal implementation of the constitution in the courts of law. This contributed to and explains the fact that there has been little understanding of the initial constitution. At the same time, Maggs explains the fact that the numerous amendments that have been instituted in the current constitution have played a major role in constituting to the constitution’s loss of its initial meaning (13).

Works cited

Maggs, Gregory. “ Which original meaning of the constitution matters to justice Thomas?” New York University Journal of Law and Liberty, 2009. Retrieved from http://www. law. nyu. edu/ecm_dlv2/groups/public/@nyu_law_website__journals__journal_of_law_and_liberty/documents/documents/ecm_pro_064795. pdf on April 9th, 2013. Print.
Perry, B. “ Original Intent or Evolving Constitution? Two Competing Views on Interpretation.” Interpreting the Constitution, 2013. Retrieved from http://apps. americanbar. org/publiced/constitutionday/OriginalIntent. pdf on April 9th, 2013. Web.

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