Cargando…
The Challenge of Originalism : Theories of Constitutional Interpretation.
Provides an introduction to the development of originalist thought and showcases the great range of contemporary originalist constitutional scholarship.
| Clasificación: | Libro Electrónico |
|---|---|
| Autor principal: | |
| Otros Autores: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Cambridge :
Cambridge University Press,
2011.
|
| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Cover; Title; Copyright; Contents; Preface; Contributors; The Challenge of Originalism: Theories of Constitutional Interpretation; I; II; III; IV; V; PART ONE. EXPOSITION AND DEFENSE; 1 What Is Originalism? The Evolution of Contemporary Originalist Theory; I. Introduction; II. A Word About the Word: The Origins of "Originalism"; III. A Very Short History of Contemporary Originalist Theory; A. Original Intentions of the Framers; B. The Misconceived Quest and the Original Understanding of Original Intentions; C. Original Understanding of the Ratifiers; D. We the People.
- E. Original Public Meaning and the New OriginalismsF. Original Applications and Original Methods; G. New Critics of the New Originalism; H. District of Columbia v. Heller & McDonald v. City of Chicago; IV. What Is Originalism?; V. Originalism and Living Constitutionalism; VI. Conclusion; 2 The Case for Originalism; I. The Best Argument for Originalism; II. Elaboration, Qualification, and Defense; Proposition 1: A constitution, like any other law, necessarily has a meaning that pre-exists judicial interpretation of it.; Proposition 2: The meaning of a law is part (perhaps all) of what it is.
- Therefore, to change the meaning of a law is to change the law. Proposition 3: The original meaning of a constitution is neither its original literal meaning (called "sentence meaning" by philosophers) nor its originally intended meaning ("speakers meaning"); it is, instead, its "utterance meaning," which is determined by a restricted range of evidence, extra-textual as well as textual, of what its founders intended it to mean.
- Proposition 4: When a constitution itself requires that it be changed only by some special democratic procedure, this binds judges as well as other officials. The judges must not change the constitution- or, by inference from Proposition 2, its meaning- by purporting to "interpret" it. Proposition 5: Any judge who violated that requirement would flout the constitution itself, the rule of law, the principle of democracy, and (in many federal systems) the principle of federalism.