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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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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.
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2007
This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles.
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This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles.
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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 ...
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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 ...
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Constitutional Avoidance as Interpretation and as Remedy
Michigan law review, 2015In a number of recent landmark decisions, the Supreme Court has used the canon of constitutional avoidance to essentially rewrite laws. Formally, the avoidance canon is understood as a method for resolving interpretive ambiguities: if there are two ...
Eric S. Fish
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Judicial Review of Presidential Threshold Decisions: The Dynamics of Constitutional Injury
Kosmik HukumThis study examines the Dynamics of Constitutional Injury Interpretation by the Constitutional Court in the Judicial Review of the Presidential Threshold Law, focusing on how the Court’s interpretation of constitutional harm has shifted in relation to ...
Achmad Zuhdi +2 more
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Constitutional interpretation and populism in contemporary Spain
Populist Challenges to Constitutional Interpretation in Europe and Beyond, 2021F. Callejón
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Inverse Constitutional AI: Compressing Preferences into Principles
International Conference on Learning RepresentationsFeedback data is widely used for fine-tuning and evaluating state-of-the-art AI models. Pairwise text preferences, where human or AI annotators select the"better"of two options, are particularly common.
Arduin Findeis +4 more
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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.
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