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Book Synopsis Selected Theories of Constitutional Interpretation by :
Download or read book Selected Theories of Constitutional Interpretation written by . This book was released on . Available in PDF, EPUB and Kindle. Book excerpt:
Author : Grant Huscroft
Release : 2011-09-12
Genre : Law
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Book Rating : 130/5 ( reviews)
Book Synopsis The Challenge of Originalism by : Grant Huscroft
Download or read book The Challenge of Originalism written by Grant Huscroft. This book was released on 2011-09-12. Available in PDF, EPUB and Kindle. Book excerpt: Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for the interpretation of constitutional texts and provide reasons for fidelity to those texts. The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other. They also make new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves.
Author : Kenneth R. Thomas
Release : 2011
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Book Synopsis Selected Theories of Constitutional Interpretation by : Kenneth R. Thomas
Download or read book Selected Theories of Constitutional Interpretation written by Kenneth R. Thomas. This book was released on 2011. Available in PDF, EPUB and Kindle. Book excerpt: This report examines theories of constitutional interpretation, the role of the judiciary in this interpretation, and constitutional protections for fundamental rights.
Author : Susan J Brison
Release : 2018-03-08
Genre : Political Science
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Book Rating : 99X/5 ( reviews)
Book Synopsis Contemporary Perspectives On Constitutional Interpretation by : Susan J Brison
Download or read book Contemporary Perspectives On Constitutional Interpretation written by Susan J Brison. This book was released on 2018-03-08. Available in PDF, EPUB and Kindle. Book excerpt: Current controversies over abortion, affirmative action, school prayer, hate speech, and other issues have sparked considerable public debate about how the U.S. Constitution should be interpreted. Such controversies, along with the changing composition of an often deeply divided Supreme Court, have led to a resurgence of interest in theories of constitutional interpretation. This anthology, edited by Susan J. Brison and Walter Sinnott-Armstrong, presents some of the most exciting and influential contemporary work in this area. Written by ten of the country's most prominent legal scholars, the selections represent a wide variety of interpretive approaches, reflecting different political orientations from the far right to the far left. These theorists have drawn on a variety of other disciplines, including literature, economics, history, philosophy, and politics, and have in turn influenced these fields. The selections were chosen for their accessibility, originality, variety, and importance. Together they provide an excellent introduction to constitutional interpretation as well as a valuable collection for experienced scholars in the field.
Author : Sotirios A. Barber
Release : 2007-07-05
Genre : Law
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Book Rating : 303/5 ( reviews)
Book Synopsis Constitutional Interpretation by : Sotirios A. Barber
Download or read book Constitutional Interpretation written by Sotirios A. Barber. This book was released on 2007-07-05. Available in PDF, EPUB and Kindle. Book excerpt: Ronald Dworkin famously argued that fidelity in interpreting the Constitution as written calls for a fusion of constitutional law and moral philosophy. Barber and Fleming take up that call, arguing for a philosophic approach to constitutional interpretation. In doing so, they systematically critique the competing approaches - textualism, consensualism, originalism, structuralism, doctrinalism, minimalism, and pragmatism - that aim and claim to avoid a philosophic approach. Constitutional Interpretation: The Basic Questions illustrates that these approaches cannot avoid philosophic reflection and choice in interpreting the Constitution. Barber and Fleming contend that fidelity in constitutional interpretation requires a fusion of philosophic and other approaches, properly understood. Within such a fusion, interpreters would begin to think of text, consensus, intentions, structures, and doctrines not as alternatives to, but as sites of philosophic reflection about the best understanding of our constitutional commitments. Constitutional Interpretation: The Basic Questions, examines the fundamental inquiries that arise in interpreting constitutional law. In doing so, the authors survey the controversial and intriguing questions that have stirred constitutional debate in the United States for over two centuries, such as: how and for what ends should governmental institutions and powers be arranged; what does the Constitution mean under general circumstances and how should it be interpreted during concrete controversies; and finally how do we decide what our constitution means and who ultimately decides its meaning.
