How does reading down work as a legal remedy?

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Reading down functions as a legal remedy that allows courts to interpret a statute in a way that limits its application, ensuring it aligns with constitutional principles. This approach is essential when a statute is found to infringe on rights or freedoms protected under the Constitution. Instead of invalidating the law entirely, which could lead to legislative gaps or unintended consequences, reading down maintains the validity of the law while adjusting its scope to avoid constitutional issues.

For instance, if a statutory provision is found to be overly broad, a court may apply reading down to effectively confine its application to situations where it would not violate constitutional rights. This technique preserves the legislative intent and allows the law to continue functioning in a manner that adheres to constitutional standards.

Other approaches, such as adding words for clarification or rewriting the law completely, alter the legislative content more dramatically and may not serve the principle of judicial restraint. Meanwhile, striking down entire legislative acts eliminates the law altogether, which could disrupt legal frameworks more significantly than necessary in cases where minor adjustments would suffice.

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