Constitutional jurisprudence is the most abstract part of constitutional theory.
Constitutional jurisprudence is the most abstract part of constitutional theory. In this, we discuss the questions like-what is constitution and what is its purpose? The constitutional jurisprudence is important because we cannot take constitution without interpretation. It is the supreme law of the land and hence need to interoperate in most possible widest approach.
Constitution is a social contract by which the whole country is governed. It is the means to achieve goal of a welfare state. It prevailed all over the country and the other laws. Every law derives its authority from the constitution. But what is constitution and how to interpret it is a matter where jurisprudence plays a vital role.
Jurisprudence is the philosophy of law. It seeks to explain what law is. We do not discuss specific questions in jurisprudence instead we discuss other questions. For the better interpretation of constitution, there are various theories in jurisprudence.
The function of constitutional jurisprudence is not only to set up organs of government but also to determine their functions. That is what fulfilled by interpretative constitutional jurisprudence.
The most general division of constitutional jurisprudence is interpretative constitutional jurisprudence and foundational constitutional jurisprudence.
Interpretative constitutional jurisprudence
The Interpretative constitutional jurisprudence considers issues closer to traditional jurisprudence. Also, it sometimes considers issues closer to constitutional legal practice. It doesn’t ask which constitution is ideal.
The central question of this is the methodological world. The Interpretative constitutional jurisprudence indirectly concern with right answers like-Is constitution properly interpretated?
In the grant of freedom of speech and economic protest, it mainly concerned with strategies of investigation. Also present the argument that use to answer them. For example, individual rights are drafted in abstract language. It is the law interprets and decides whether legal language is to provide constitutional rights to the right section of society.
The interpretation of constitutional provision should not be done too literally. It is the interpretative constitutional jurisprudence that makes a check on it.
The rule of strict interpretation is used in criminal and taxation laws but not in constitutional provisions.
Indian Constitution & interpretation
What we have in our constitution is not always our own struggle but it was developed somewhere else. Like in France and England,there was struggle for rights. In these countries, the constitutional jurisprudence developed within the society itself. The British Revolt of 1645 and French Revolution of 1789, people struggled for Right to freedom of speech and liberty.
The Indian Constitution adopted the fundamental rights from the US constitution which is as per the John Locke’s theory of incorporating fundamental rights. Similarly, directive principle of state policy is adopted from Irish constitution.
Also proper interpretation of articles of Indian Constitution is also essential. Like article 14 which gave right to equality to every person. In a country like India where there is so much diversity, it is important to ensure unity in diversity. For this purpose, proper interpretation of Article 14 is important. This is done by interpretative constitutional jurisprudence.
Also to interpreted article 21 various rights were governed under this so that widest meaning of life is achieved. This is all possible because of interpretative constitutional jurisprudence.
The interpretation of Constitution as important a sits foundation. Without proper interpretation of its article it remains mere as a bookish writing. The articles of the constitution contain greater meaning than what they really are.
The Supreme Court also said that the IndianConstitution should be given widest possible interpretation. So that it willensure and cover widest range of rights. This will result in proper and fullmeaning of life and personal liberty.
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