The Challenge Of Originalism
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The Challenge Of Originalism
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Author : Associate Professor Faculty of Law Grant Huscroft
language : en
Publisher:
Release Date : 2014-05-14
The Challenge Of Originalism written by Associate Professor Faculty of Law Grant Huscroft and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 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.
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.
Originalism As Faith
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Author : Eric J. Segall
language : en
Publisher: Cambridge University Press
Release Date : 2018-10-18
Originalism As Faith written by Eric J. Segall 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 2018-10-18 with Law categories.
Tracing the development of originalism, Eric J. Segall shows how judges often use the theory to reach politically desirable results.
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 History categories.
Elucidates the debate between constitutional originalism and the "living constitution" approach.
The American Constitution And The Debate Over Originalism
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Author : Dennis J. Goldford
language : en
Publisher: Cambridge University Press
Release Date : 2005-04-25
The American Constitution And The Debate Over Originalism written by Dennis J. Goldford 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 2005-04-25 with Law categories.
This is a work of constitutional theory that explores the nature of American constitutional interpretation through a reconsideration of the long-standing debate between the interpretive theories of originalism and nonoriginalism. The book presents the novel argument that a critique of the underlying premises of originalism dissolves not just originalism but nonoriginalism as well, which leads to the recognition that constitutional interpretation is already and always structured. By their fidelity to the Constitution, Americans are a textual people in that they live in and through the terms of a fundamental text. On the basis of this central idea, the book presents a new understanding of constitutional interpretation and an innovative account of the democratic legitimacy and binding capacity of the Constitution.
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.
Originalism S Promise
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Author : Lee J. Strang
language : en
Publisher: Cambridge University Press
Release Date : 2019-08-08
Originalism S Promise written by Lee J. Strang 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 2019-08-08 with History categories.
Provides the first natural law justification for an originalist interpretation of the American Constitution.
The Justice Of Contradictions
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Author : Richard L. Hasen
language : en
Publisher: Yale University Press
Release Date : 2018-03-20
The Justice Of Contradictions written by Richard L. Hasen and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-20 with Biography & Autobiography categories.
An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order
Living Originalism
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Author : Jack M. Balkin
language : en
Publisher: Harvard University Press
Release Date : 2011-11-29
Living Originalism written by Jack M. Balkin 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 2011-11-29 with Law categories.
Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.
Expounding The Constitution
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Author : Grant Huscroft
language : en
Publisher: Cambridge University Press
Release Date : 2011-08-11
Expounding The Constitution 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 2011-08-11 with Law categories.
What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory.