Selected Theories Of Constitutional Interpretation
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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.
The Challenge Of Originalism
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Author : Grant Huscroft
language : en
Publisher: Cambridge University Press
Release Date : 2011-09-12
The Challenge Of Originalism written by Grant Huscroft 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 2011-09-12 with Law categories.
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.
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.
Overcoming Law
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Author : Richard A. Posner
language : en
Publisher: Harvard University Press
Release Date : 1995
Overcoming Law written by Richard A. Posner 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 1995 with Law categories.
Legal theory must become more factual and empirical and less conceptual and polemical, Richard Posner argues in this wide-ranging new book. The topics covered include the structure and behavior of the legal profession; constitutional theory; gender, sex, and race theories; interdisciplinary approaches to law; the nature of legal reasoning; and legal pragmatism. Posner analyzes, in witty and passionate prose, schools of thought as different as social constructionism and institutional economics, and scholars and judges as different as Bruce Ackerman, Robert Bork, Ronald Dworkin, Catharine MacKinnon, Richard Rorty, and Patricia Williams. He also engages challenging issues in legal theory that range from the motivations and behavior of judges and the role of rhetoric and analogy in law to the rationale for privacy and blackmail law and the regulation of employment contracts. Although written by a sitting judge, the book does not avoid controversy; it contains frank appraisals of radical feminist and race theories, the behavior of the German and British judiciaries in wartime, and the excesses of social constructionist theories of sexual behavior. Throughout, the book is unified by Posner's distinctive stance, which is pragmatist in philosophy, economic in methodology, and liberal (in the sense of John Stuart Mill's liberalism) in politics. Brilliantly written, eschewing jargon and technicalities, it will make a major contribution to the debate about the role of law in our society.
The Tempting Of America
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Author : Robert H. Bork
language : en
Publisher: Simon and Schuster
Release Date : 2009-11-24
The Tempting Of America written by Robert H. Bork and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-24 with Political Science categories.
Judge Bork shares a personal account of the Senate Judiciary Committee's hearing on his nomination as well as his view on politics versus the law. In The Tempting of America, one of our most distinguished legal minds offers a brilliant argument for the wisdom and necessity of interpreting the Constitution according to the “original understanding” of the Framers and the people for whom it was written. Widely hailed as the most important critique of the nation’s intellectual climate since The Closing of the American Mind, The Tempting of America illuminates the history of the Supreme Court and the underlying meaning of constitutional controversy. Essential to understanding the relationship between values and the law, it concludes with a personal account of Judge Bork’s chillingly emblematic experiences during the Senate Judiciary Committee’s hearing on his Supreme Court nomination.
Constitutional Originalism
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Author : Robert W. Bennett
language : en
Publisher: Cornell University Press
Release Date : 2011-06-06
Constitutional Originalism written by Robert W. Bennett and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-06 with Law categories.
Problems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called "originalism." The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpretation. Those arguing for a "living Constitution" that keeps up with a changing world and changing values have resisted originalism. This difference in legal philosophy and jurisprudence has, since the 1970s, spilled over into party politics and the partisan wrangling over court appointments from appellate courts to the Supreme Court. In Constitutional Originalism, Robert W. Bennett and Lawrence B. Solum elucidate the two sides of this debate and mediate between them in order to separate differences that are real from those that are only apparent. In a thorough exploration of the range of contemporary views on originalism, the authors articulate and defend sharply contrasting positions. Solum brings learning from the philosophy of language to his argument in favor of originalism, and Bennett highlights interpretational problems in the dispute-resolution context, describing instances in which a living Constitution is a more feasible and productive position. The book explores those contrasting positions, to be sure, but also uncovers important points of agreement for the interpretational enterprise. This provocative and absorbing book ends with a bibliographic essay that points to landmark works in the field and helps lay readers and students orient themselves within the literature of the debate.
Keeping Faith With The Constitution
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Author : Goodwin Liu
language : en
Publisher: Oxford University Press
Release Date : 2010-08-05
Keeping Faith With The Constitution written by Goodwin Liu 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 2010-08-05 with Law categories.
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
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.
Settled Versus Right
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Author : Randy J. Kozel
language : en
Publisher: Cambridge University Press
Release Date : 2017-06-06
Settled Versus Right written by Randy J. Kozel 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 2017-06-06 with Law categories.
This book analyzes the theoretical nuances and practical implications of how judges use precedent.
Law And Legitimacy In The Supreme Court
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Author : Richard H. Fallon
language : en
Publisher: Harvard University Press
Release Date : 2018-02-19
Law And Legitimacy In The Supreme Court written by Richard H. Fallon 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 2018-02-19 with Law categories.
Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow