The Role of the U.S. Supreme Court in the Constitutional Interpretation and Law-Making

The highest judicial authority in the United States, the Supreme Court, plays a crucial role in interpreting the Constitution and in constitutional lawmaking. A primary reason for this is the extremely succinct formulation of most of the U.S. Constitution's text. Its instrumental nature provides the Supreme Court with ample opportunities to interpret its provisions before applying them to specific legal and factual circumstances. Additionally, the Constitution's text did not address many fundamental issues of constitutional law, which its drafters and the ratifying bodies at the end of the 18th century could not have foreseen.

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Publication Details

Journal
USA & Canada Economics – Politics – Culture
Published
2024-09-20
DOI
https://doi.org/10.31857/s2686673024010079
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

The Role of the U.S. Supreme Court in the Constitutional Interpretation and Law-Making

L. G. Berlyavsky
USA & Canada Economics – Politics – Culture
Judicial and Constitutional Studies
article

The Role of the U.S. Supreme Court in the Constitutional Interpretation and Law-Making

L. G. Berlyavsky
article en

Abstract

The highest judicial authority in the United States, the Supreme Court, plays a crucial role in interpreting the Constitution and in constitutional lawmaking. A primary reason for this is the extremely succinct formulation of most of the U.S. Constitution's text. Its instrumental nature provides the Supreme Court with ample opportunities to interpret its provisions before applying them to specific legal and factual circumstances. Additionally, the Constitution's text did not address many fundamental issues of constitutional law, which its drafters and the ratifying bodies at the end of the 18th century could not have foreseen.

USA & Canada Economics – Politics – Culture(1)
Institute of Service and Entrepreneurship of DGTU (RU), Don State Technical University (RU), Rostov State University of Economics (RU)
Openalex Percentile: Top 71%
Judicial and Constitutional Studies
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