Results 191 to 200 of about 1,889,655 (237)
Some of the next articles are maybe not open access.
2007
Abstract What is the nature of the US Constitution? How ought it to be interpreted? Ronald Dworkin famously argued that fidelity in interpreting the Constitution as written calls for a fusion of constitutional law and moral philosophy. Sotirios A. Barber and James E.
Sotirios A. Barber, James E. Fleming
exaly +2 more sources
Abstract What is the nature of the US Constitution? How ought it to be interpreted? Ronald Dworkin famously argued that fidelity in interpreting the Constitution as written calls for a fusion of constitutional law and moral philosophy. Sotirios A. Barber and James E.
Sotirios A. Barber, James E. Fleming
exaly +2 more sources
, 2022 One of the prime tasks of a court in any democracy is to interpret the written word of the constitutional document. The Federal Constitution of Malaysia proclaims itself to be the supreme law.
Ahmad, Muhamad Hassan +3 more
core +4 more sources
What is constitutional interpretation?
International Journal of Constitutional Law, 2022Abstract Constitutional interpretation is usually assumed to be a particular kind of legislative interpretation—particular, because constitutions have characteristics of their own, yet legislative interpretation all the same, because constitutions are written laws enacted by a (supreme) political authority.
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CONSTITUTIONAL INTERPRETATION: A VIEW FROM A DISTANCE
History and Theory, 2011ABSTRACTThis paper explores how the notion of distance works in the practice of interpretation by studying the philosophical underpinnings of the originalism debate in American constitutionalism. Focusing on some of its most important spokespeople, the paper shows that they start from the historicist presupposition that distance can in principle be ...
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Israel Law Review, 2006
This Article explores the specificity of constitutional interpretation. It cannot be found in its object, but in the quality of the interpreters, the augmentative techniques it applies, and the standards it produces. The interpreters are not only courts, but also non-judicial authorities such as the Executive or the Parliament.
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This Article explores the specificity of constitutional interpretation. It cannot be found in its object, but in the quality of the interpreters, the augmentative techniques it applies, and the standards it produces. The interpreters are not only courts, but also non-judicial authorities such as the Executive or the Parliament.
openaire +2 more sources
2017
Abstract This chapter examines the question of interpretation with regard to the Indian Constitution. It begins with an overview of two meta-judgments underlying constitutional interpretation, the first of which relates to the legitimate source of the Constitution’s authority and the second to the tools and techniques that can be relied ...
+4 more sources
Abstract This chapter examines the question of interpretation with regard to the Indian Constitution. It begins with an overview of two meta-judgments underlying constitutional interpretation, the first of which relates to the legitimate source of the Constitution’s authority and the second to the tools and techniques that can be relied ...
+4 more sources
2000
This study analyzes the process of constitutional interpretation, that is, the methodology by which the Supreme Court goes about interpreting the Constitution, and offers a comprehensive view of constitutional law through the lens of history, political science, and jurisprudence.
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This study analyzes the process of constitutional interpretation, that is, the methodology by which the Supreme Court goes about interpreting the Constitution, and offers a comprehensive view of constitutional law through the lens of history, political science, and jurisprudence.
openaire +2 more sources
2004
This is the draft of a new chapter for the Revised Second Edition of my Interpretation and Legal Theory (forthcoming by Hart Publishing). It focuses on some of the unique moral and interpretative concerns of constitutional interpretation. The interpretation of a written constitution typically involves the power of the judiciary to determine issues of ...
openaire +1 more source
This is the draft of a new chapter for the Revised Second Edition of my Interpretation and Legal Theory (forthcoming by Hart Publishing). It focuses on some of the unique moral and interpretative concerns of constitutional interpretation. The interpretation of a written constitution typically involves the power of the judiciary to determine issues of ...
openaire +1 more source
2012
AbstractContemporary debates about constitutional interpretation in the United States seem fixated on what is called ‘originalism’, the view that, regardless of when some constitutional issue arises, guidance for resolving it is to be sought in ‘original’ sources, those which accompanied the promulgation of the constitutional language in question.
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AbstractContemporary debates about constitutional interpretation in the United States seem fixated on what is called ‘originalism’, the view that, regardless of when some constitutional issue arises, guidance for resolving it is to be sought in ‘original’ sources, those which accompanied the promulgation of the constitutional language in question.
openaire +2 more sources