Legal Definitions - noninterpretivism

Definition: Noninterpretivism is a doctrine in constitutionalinterpretation that allows judges to base their decisions on evolving social norms and values, rather than just the Constitution's text or history. This is different from interpretivism and originalism.

Example: Let's say there is a case about same-sex marriage. A noninterpretivist judge might look at how society's views on same-sex marriage have changed over time and use that as a basis for their decision, rather than just looking at the Constitution's text or history.

Explanation: This example illustrates how a noninterpretivist judge might use evolving social norms and values to make a decision. They are not limited to just the Constitution's text or history, but can also consider how society's views have changed over time.