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Constitutional interpretation

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Why does constitutional interpretation change from court to court?

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This solution discusses the constitutional interpretation.

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Basically, our legal system is based on Common Law of the British tradition rather than the Civil Law of the Napoleonic or European tradition. In the more common civil code of the European tradition, all laws are spelled out in terms of what is legal and what is not. It is all written clealry, though exhaustively. This system eliminates most areas of interpretation ofthe law, but on the other hand tends to create inflexible hide-bound legal systems.

In the common law tradition, our law is based on case-law history. That is why whenever you enter a law office, the walls are lined with hardbound case histories. Lawyers create and argue a case based on a similar successful case from the ...

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