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Constitutional interpretation under the new Fundamental Law of Hungary
, 2021Fruzsina Gárdos-Orosz
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CONSTITUTIONAL INTERPRETATION V. STATUTORY INTERPRETATION:
Legal Theory, 2000I. ONCE, SAID AN AUTHOR, WHERE I NEED NOT SAY . . .Two judges, named Stat J. and Constit J., were asked to appear on a panel at a law conference for jurists from around the world. The two judges were from different jurisdictions, though both their jurisdictions had a common-law legal tradition.
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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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Autonomous Constitutional Interpretation
International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique, 2011Certain works in the most recent Polish constitutional law literature suggest that there is acceptance of the principle or the concept of autonomous interpretation of a constitution (autonomy of interpretation of constitutional terms). The Constitutional Tribunal also makes reference to this in numerous rulings.
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Constitutional Stability and the Deferential Court
Social Science Research NetworkAlthough Alexander Hamilton famously called the American judicial system the least dangerous branch in Federalist No. 78, many legal scholars and political scientists in recent years have been troubled by the powerful role of the Supreme Court in ...
Sonia Mittal, Barry R. Weingast
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Constitutional Interpretation: Originalism
Philosophy Compass, 2009Abstract Constitutional interpretation is problematic because it can be difficult to distinguish legitimate interpretation from illegitimate change. The distinction depends largely on what a constitution is. A constitution, like any other law, necessarily has a meaning, which pre‐exists judicial interpretation: it is not a set of ...
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