Page 39 - English for Constitutional Law
P. 39
2 a. For judges, according to Scholten, the meaning of historical interpretation is based on
practical needs.
b. For judges, according to Scholten, the meaning of historical interpretation was based on
practical need.
3 a. Restrictive interpretation limits interpretation based on words with certain meanings.
b. Restrictive interpretation limits the interpretation based on a word with a specific
meaning.
4 a. Comparative interpretation is interpreting by comparing various legal systems.
b. Comparative interpretation is an interpretation by comparing various law systems.
5 a. Interdisciplinary interpretation uses the logic of interpretation of more than one branch
of law
b. Interdisciplinary interpretation using the logic of interpretation of more than one branch
of law
6 c. Extensive Interpretation is interpreting by exceeding the limits of the results of
grammatical interpretation.
d. Extensive Interpretation is interpreting by exceeding the limits of grammatical
interpretation results.
Speaking Practice
Explaining What Law Says
The following sentences can be used to refer to what a law says.
.
1 The law stipulates that the purpose of consumer protection is to give consumers more
knowledge, skills, and freedom to defend themselves.
.
2 The law provides that everyone at the time of committing a crime with mental disability
and intellectual disability can have their sentence reduced and subject to action.
.
3 The patent law specifies that copyright laws must protect expressions; however, ideas,
procedural, operational methods, or mathematics concepts are not protected.
Moreover, you can use these verbs to convey what a law says:
The law states/sets forth/determines/lays down/prescribes/enacts/considers/observes that ...
Exercise 3. Using the verbs mentioned in the box above, choose a law in your jurisdiction
that you are familiar with and elaborate on what it says.
Reading Practice
Kinds of Interpretation Methods
Interpretation is a significant activity in law and legal science. Interpretation is a
method for understanding the meaning of legal texts to be used in resolving cases or making
decisions on matters faced concretely. In addition, in constitutional law, interpretation, in this
case, judicial interpretation, can also function as a method for amending the constitution by
adding, subtracting, or correcting the meaning contained in a constitution's text. As stated by
K.C. Wheare (1960), the Constitution can be changed through (i) formal amendment, (ii)
judicial interpretation, and (iii) constitutional usage and conventions.
29