This term refers to how judges interpret whether a law or government action aligns with or violates constitutional principles. It involves analyzing legal text, historical context, precedent, and individual perspectives.
Related terms
Originalism: It is an approach to interpreting constitutionality that emphasizes following what was intended by those who wrote or ratified the Constitution.
Living Constitution Theory: This perspective suggests that interpretation should adapt over time based on changing societal values rather than strictly adhering to original intent.
Precedent: Refers to past court rulings on similar issues which can guide current interpretations of constitutionality.