Constitutional Interpretation — KSLU Constitutional Law 2 Notes

Constitutional Interpretation

Courts read the Constitution as a living instrument through settled doctrines: harmonious construction (reconcile clashing provisions), pith and substance (judge a law by its true nature, not incidental encroachment), severability (strike only the bad part), eclipse (an inconsistent pre-Constitution law is dormant, not dead), colourable legislation (“what cannot be done directly cannot be done indirectly”), and purposive interpretation to keep the document alive to changing times.