Introduction
Despite the fact that a popular government elected by the people for the people should be allowed to exercise its authority over the people such as creating and changing laws, a professional and qualified group of experts should be allowed to exercise authority in regulating the politicians. The Supreme Court may not be elected but with the interest of the nation at heart and with a mission to protect the law, they are qualified to dismiss inappropriate laws (that violate the constitution) made by the Congress. Since the law governs humans and humans are bound to change and advance, the philosophy was governing judicial review should be loose to allow reasoning and modifications when necessary. Loose constructionism is more appropriate than strict constructionism.
Loose constructionism
Loose constructionism requires the judges to read through the constitution expansively relatively to obtain a general meaning rather than limiting themselves to particular sections that may not make sense on their own (Futrell, 2008). This idea gives the interpreters of the law a wide scope and general understanding which accommodates and considers various circumstances.
In allowing the poor accused persons the right to a government-funded attorney and more other rights, the philosophy is liberal and reasonable (Keith, 2008). The public can trust on the judicial system more when their situations are considered. When the public has more faith in the courts, they will respect the judgment
Strict constructionism
Strict constructionism, on the other hand is conservative: restricting the judges to the old law regardless of the circumstances. It helps the government to maintain a nations culture and principles that the public can be proud to identify themselves with it (Thorson, 2012).
Strict constructionism limits the readers to specific issues and ignoring the existence of other real issues affecting the country is harmful to the current and future generations (that experiences changes and advancements in various aspects of life)
Conclusion
Loose constructionism focuses on ensuring fairness and finding the most appropriate of solutions while strict constructionism majors on simply executing the sovereign law.
References
Futrell, W. H. (2008). The history of American customs jurisprudence. Union, N.J: Lawbook Exchange.
Keith, L. C. (2008). The U.S. Supreme Court and the judicial review of Congress: Two hundred years in the exercise of the court's most potent power. New York: P. Lang.
Thorson, C., & Palgrave Connect (Online service). (2012). Politics, judicial review and the Russian constitutional court. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan.
