What was the judicial philosophy embraced by Felix Frankfurter?

Felix Frankfurter (1882–1965) championed civil rights during 23 years as a justice on the Supreme Court, but he frequently voted to limit civil liberties, believing that government had a duty to protect itself and the public from assault and that the Court should exercise judicial restraint to promote democratic …

What is the interpretation of statutes?

Interpretation of statutes is the correct understanding of the law. This process is commonly adopted by the courts for determining the exact intention of the legislature. It is also used for ascertaining the actual connotation of any Act or document with the actual intention of the legislature.

What was Felix Frankfurter famous for?

Felix Frankfurter, (born Nov. 15, 1882, Vienna, Austria-Hungary—died Feb. 22, 1965, Washington, D.C., U.S.), associate justice of the United States Supreme Court (1939–62), a noted scholar and teacher of law, who was in his time the high court’s leading exponent of the doctrine of judicial self-restraint.

How do judges interpret statutes?

First, judges often begin by looking to the ordinary meaning of the statutory text. Second, courts interpret specific provisions by looking to the broader statutory context. Third, judges may turn to the canons of construction, which are presumptions about how courts ordinarily read statutes.

How did Felix Frankfurter stand on Brown v Board of Education?

Felix Frankfurter’s draft decree to enforce the Brown v. Board of Education decision, [8 April 1955]. – Frankfurter wanted to anchor the decree in an established doctrine associated with the revered Holmes, but his endorsement of “all deliberate speed” sought to advance a consensus held by the entire Court.

What is the meaning of judicial restraint?

Judicial Restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional. Judicial restraint, a procedural or substantive approach to the exercise of judicial review.

Why is it important to interpret statutes?

Statutory interpretation is important so that they are unable to make their own judgement in cases. Statutory interpretation is important to the access to justice because it helps the judiciary system implement the law in an efficiency and effective way and helps the Parliament to make the law.

What is the Golden Rule of interpretation of statutes?

Editor’s Note: The golden rule is that the words of a statute must prima facie be given their ordinary meaning. It is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect to that meaning, irrespective of the consequences.

What did Felix Frankfurter believe about apportionment?

In the apportionment case of Baker v. Carr, Frankfurter’s position was that the federal courts did not have the right to tell sovereign state governments how to apportion their legislatures; he thought the Supreme Court should not get involved in political questions, whether federal or local.

Was Felix Frankfurter a liberal or conservative?

One of the founders of the American Civil Liberties Union, Frankfurter was known as a staunch supporter of Franklin D. Expected to be a liberal judge, Frankfurter soon gained a reputation as a conservative, more due to his strongly held belief about the appropriate limits of Judicial Review than personal conservatism.

How do you read legal statutes?

How to Read a Statute

Pay close attention to the statute’s format and organization. Look for breaks in the text.
Look for keywords:
Do not skip over words that you do not know or fully understand.
Read through cross-referenced sections in their entirety.

How do you read and understand statutes?

Here are some suggestions for how to be more effective in reading statutes:

(1) Slow down! Don’t read too fast.
(2) Put the statute in its proper context.
(3) Pay attention to the details.
(4) Break the statute down into smaller pieces.
(5) Use cases to inform your understanding of the statute.