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SSRN Electronic Journal, 2016 AbstractThe chapter addresses, first, the ontological issue of whether the interpretation of a constitution is fundamentally different than the construction of statutes. Based on a comparison of the Supreme Court of Canada decisions in constitutional interpretation, especially Charter cases, and the contemporary approach to statutory interpretation ...
Stéphane Beaulac
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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 ...
Stéphane Beaulac, Beaulac Stéphane
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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
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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
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, 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
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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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Michigan Law Review, 1981 [We] must never forget, Chief Justice Marshall admonished us in a statement pregnant with more than one meaning, that it is a constitution we are expounding. \u27 Marshall meant that the Constitution should be read as a document intended to endure for
Sandalow, Terrance
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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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Choice Reviews Online, 1992 [W]e must never forget, Chief Justice Marshall admonished us in a statement pregnant with more than one meaning, that it is a constitution we are expounding.
Sandalow, Terrance
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