Interpretive Approaches

Interpretive Approaches in the United States

The ways in which appellate courts go about determining the meaning of constitutional or statutory provisions. A number of factors influence the actual decision, but in each case the courts tend to apply one or more interpretative approaches. One approach is to follow previous decisions. Indeed, adherence to legal precedent may be a critical factor in a decision, yet other considerations are required as well. For example, a court must consider the language of the constitutional or statutory provision. One way to interpret this language is to take a literal approach. Those who advocate strict construction would generally subscribe to such an approach. A similar approach is to adopt the simplest or “plain meaning” of the language. The plain meaning of words may not be clear, however, in which case courts might take a more creative or adaptive approach. Such an approach tends to regard language as offering broad directives that require interpretative adaptation when applied to particular situations. This approach generally suits judicial activists because it allows courts to leave their mark on public policy. Another approach is to interpret law from the standpoint of the objectives of those who wrote the provision under review. In the instance of constitutional provisions, one First needs to determine what the constitutional framers intended. Such a determination is often quite difficult. Legislative intent, on the other hand, may be more readily determined through the records of the legislative debates or the legislative history of a statute.

See Also

Judicial Activism (Apellate Judicial Process) Judicial Review (Apellate Judicial Process); JUDICIAL SELF- RESTRAINT, 311; Statutory Construction (Apellate Judicial Process) Strict Construction (Apellate Judicial Process).

Analysis and Relevance

A number of factors, including interpretive approaches, influence an appellate court decision on a constitutional or statutory question. These factors overlap, with the result that some combination of factors is required to understand a court’s reasoning. Legal precedent is clearly one relevant factor. There are a number of prior decisions that might apply to a particular case, however, and new situations may arise that do not quite fit existing precedent. In such situations, other interpretive approaches are used. Also influencing decisions are the value orientations of the individual judges on the court. Justification of a policy direction can be facilitated by selection of a particular interpretive approach. Finally, judicial decisions are influenced by the political environment in which they are made. Thus, one interpretive approach may be appropriate at one time, but unwise at another.

Notes and References

  1. Definition of Interpretive Approaches from the American Law Dictionary, 1991, California

Interpretive Approaches: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Interpretive Approaches. This part provides references, in relation to Interpretive Approaches, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Interpretive Approaches by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Interpretive Approaches and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Interpretive Approaches or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Interpretive Approaches and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Interpretive Approaches. Finding these decisions can be challenging. In many cases, researchers about Interpretive Approaches should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Interpretive Approaches when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

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