Constitutional Interpretation
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Constitutional Interpretation In Singapore
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Author : Jaclyn L Neo
language : en
Publisher: Routledge
Release Date : 2016-06-17
Constitutional Interpretation In Singapore written by Jaclyn L Neo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-17 with Law categories.
At the heart of constitutional interpretation is the struggle between, on the one hand, fidelity to founding meanings, and, on the other hand, creative interpretation to suit the context and needs of an evolving society. This book considers the recent growth of constitutional cases in Singapore in the last ten years. It examines the underpinnings of Singapore’s constitutional system, explores how Singapore courts have dealt with issues related to rights and power, and sets developments in Singapore in the wider context of new thinking and constitutional developments worldwide. It argues that Singapore is witnessing a shift in legal and political culture as both judges and citizens display an increasing willingness to engage with constitutional ideas and norms.
Statutory Interpretation Principles
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Author : PERRY & PRINCE HERZFELD (THOMAS.)
language : en
Publisher:
Release Date : 2020
Statutory Interpretation Principles written by PERRY & PRINCE HERZFELD (THOMAS.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
Constitutional Interpretation
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Author : Sotirios A. Barber
language : en
Publisher: Oxford University Press
Release Date : 2007-06-27
Constitutional Interpretation written by Sotirios A. Barber and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-06-27 with Law categories.
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.
Constitutional Construction
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Author : Keith E. Whittington
language : en
Publisher: Harvard University Press
Release Date : 2009-06-01
Constitutional Construction written by Keith E. Whittington and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-01 with Law categories.
This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.
Building The Constitution
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Author : James Fowkes
language : en
Publisher: Cambridge University Press
Release Date : 2016-12-15
Building The Constitution written by James Fowkes and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-15 with Law categories.
A revisionary account of the South African Constitutional Court, its working method and the neglected political underpinnings of its success.
Constitutional Interpretation
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Author : Sotirios A. Barber
language : en
Publisher: OUP USA
Release Date : 2007-06-07
Constitutional Interpretation written by Sotirios A. Barber and has been published by OUP USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-06-07 with Law categories.
The presuppositions of constitutional interpretation -- The principal questions of constitutional interpretation -- The principal features of the American constitutional order : the positive constitutionalism of The federalist -- Approaches to constitutional interpretation -- Textualism and consensualism -- Narrow originalism/intentionalism -- Broad originalism -- Structuralism -- Doctrinalism and minimalism -- The philosophic approach -- Pragmatism -- Epilogue: a fusion of approaches to constitutional interpretation.
Selected Theories Of Constitutional Interpretation
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Author :
language : en
Publisher: DIANE Publishing
Release Date :
Selected Theories Of Constitutional Interpretation written by and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Contemporary Perspectives On Constitutional Interpretation
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Author : Susan J Brison
language : en
Publisher: Routledge
Release Date : 2018-03-08
Contemporary Perspectives On Constitutional Interpretation written by Susan J Brison and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-08 with Political Science categories.
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.
Legal Indeterminacy And Constitutional Interpretation
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Author : J.J. Moreso
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-04-17
Legal Indeterminacy And Constitutional Interpretation written by J.J. Moreso and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-17 with Philosophy categories.
The main purpose of this book is to offer a logical analysis of legal propositions, especially of constitutional propositions. This analysis shows the relationship between truth-conditions of legal propositions and the problem of indeterminacy. Where the law is indeterminate, legal propositions lack truth-values. The background of this approach is the philosophical debate between realism and antirealism. The book deals with the notions of legal norms and legal systems and provides an analysis of the notion of legal indeterminacy and its relation to gaps, contradictions and the vagueness of legal concepts. It shows also that the simple model of a legal system is not sufficient to account for the complexity of legal propositions referring to legal systems of some degree of maturity. Several notions from legal dynamics are presented in order to bring to light the importance of concepts like applicability or hierarchy for the determination of the truth-value of a legal proposition. Thus the primacy of constitution becomes a central idea in the theoretical reconstruction of most contemporary legal systems; a conceptual explanation of this idea is presented and some conclusions from that explanation are drawn. Finally, a particular conception of constitutional interpretation is proposed. Special attention is paid to the relationship between interpretation and legal indeterminacy and, more specifically, to the problem of the discretion enjoyed by the organs entrusted with applying the constitution and also to the several theses that have been discussed controversially in the context of constitutional interpretation, such as the relevance of the intentions for the interpretation of the constitution and for the justification of judicial review.
The Crossroads Of Justice A New Era In Constitutional Interpretation
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Author : Pasquale De Marco
language : en
Publisher: Pasquale De Marco
Release Date : 2025-04-22
The Crossroads Of Justice A New Era In Constitutional Interpretation written by Pasquale De Marco and has been published by Pasquale De Marco this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-04-22 with Law categories.
Journey into the heart of American jurisprudence with The Crossroads of Justice: A New Era in Constitutional Interpretation, an insightful exploration of the Supreme Court's profound impact on the nation's legal and political landscape. Delve into the intricate workings of this venerable institution, its history, processes, and the landmark cases that have shaped the nation's destiny. Through the pages of this comprehensive guide, you'll gain an in-depth understanding of the Supreme Court's role in interpreting the Constitution, adjudicating disputes between states and the federal government, and safeguarding the fundamental rights and liberties of American citizens. Witness firsthand the ideological battles that have played out within its chambers, shaping the course of justice and influencing everything from individual freedoms to the balance of power between the branches of government. Discover the stories behind landmark cases that have ignited societal and cultural debates, from Roe v. Wade to Brown v. Board of Education to Obergefell v. Hodges. These decisions have had a transformative impact on American society, influencing public opinion, driving legislative and social change, and leaving an enduring legacy on the nation's legal framework. Explore the challenges and opportunities that lie ahead for the Supreme Court as it navigates the ever-changing tides of American society. Technological advancements, globalization, and evolving social norms are constantly presenting novel legal questions that require careful consideration and interpretation. Witness the Court's delicate balancing act between upholding precedent and adapting to the changing needs of the nation. With The Crossroads of Justice: A New Era in Constitutional Interpretation, you'll gain a deeper appreciation for the Supreme Court's enduring role in shaping American democracy. This book is an essential resource for anyone seeking to understand the complexities of the American legal system, the significance of landmark legal decisions, and the ongoing debates that continue to shape the nation's future. If you like this book, write a review on google books!