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Scholars Interpret The Constitution


scholars Interpret The Constitution

are the normative implications? Among these ingredients are: the ordinary or technical-legal meanings of words, evidence of their originally intended meaning or purpose, structural or underlying principles, judicial precedents, scholarly writings, comparative and international law, and contemporary understandings of justice and social utility (p. Legitimacy, in this sense, cannot be reduced to either procedure or substance. These guidelines are not the product of an abstract, ready-made, and universally valid architectural blueprint.

How to Interpret the Constitution (And How Not To) - Jstor



scholars Interpret The Constitution

Please help to improve it, or discuss the issue on the talk page. At the same time, Barber and Fleming demonstrate that a philosophic approach, properly understood, does not turn its back on traditional sources of constitutional meaning. Gregory bassham, Review of Politics "There is so much that is good in this informative, scholarly, well-argued, clearly written, and exciting book that it is difficult to single out any one particular aspect above others.". Whittington's work is so well argued and detailed that all serious scholars (including originalists and non-originalists) will have to pay attention. One can look at judicial interpretation along a continuum from judicial restraint to judicial activism, with different viewpoints along the continuum. Although the practical difficulties for a genuine transnational dialogue between courts are still enormous and predictable, they are decreasing, and some normative imagination may stimulate further movements in this direction. What knowledge do the Country of Rome we gain? In Germany, several decisional techniques shaped a practice of advice-giving to parliaments, and this constructive dialogue, according to Kommers, has helped to cement the respectability of the Constitutional Court (pp. In Canada, the Charter of Rights and Freedoms represents a sea change involving a new institutional milieu and a different approach on the part of the courts toward their political responsibilities (p. Sathe formulates the case for charters eloquently: For developing societies, where traditions of individual liberty and the rule of law are not yet deeply entrenched in social values, and democracy is prone to be harshly majoritarian, the safeguard of judicial review is essential (p. The other authors have contributed chapters on their respective countries: Mark Tushnet on the United States, Peter Hogg on Canada, Donald Kommers on Germany,.

Scholars Interpret The Constitution
scholars Interpret The Constitution


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