Archive for June, 2014

Re: Not all remedies are judicial

June 30, 2014

@slcraignbc — Your question is somewhat confused. Terms in constitutions, statutes, administrative decisions, and judicial decisions, may each be ambiguous in different ways, sometimes even in more than one way in the same sentence. So your question is posed at too high a level of abstraction. Need to examine specific cases and terms used in each of them. There is no rule of construction that can be properly applied to all of them.

Strictly speaking statutes, administrative decisions, and judicial decisions cannot clarify ambiguities in constitutional terms. Only amendments can do that. Those subordinate actions can only apply constitutional terms to particular situations, and of course they can get it wrong. If they do, they are just wrong. They haven’t clarified or amended.