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“Originalism†of Interpretation in the United States Constitution
Originalism is a viewpoint that is one of the methods and theories of constitutional interpretation. It remains controversial in its application, particularly in the decisions of the United States Supreme Court.
I Dewa Gede Palguna +1 more
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The Challenges of Originalism as a Theory of Constitutional Interpretation Today
This paper analyzes originalism, which is considered to be the opposing constitutional theory to “living” constitutionalism, and presents and evaluates the main arguments of originalism and its approach on how the constitution should be interpreted ...
Miranda Borusevičiūtė
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From Theory to Practice: Investigating Legal Jurisprudence and Theoretical Frameworks in the Pursuit of Law and Justice [PDF]
This scholarly exposition endeavors to furnish a succinct panorama of the prominent theoretical frameworks that have wielded substantial influence upon the intricate tapestry of legal systems pervading global jurisprudence.
Rosa Baiona
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The Status of Soft Law in Interpreting the Lithuanian Constitution
In this paper, I examine the status of soft law in the official interpretation of the Lithuanian Constitution. The “living constitution” doctrine dominates the Lithuanian constitutional scholarship.
Donatas Murauskas
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Robert Bork and the issue of judicial dictatorship [PDF]
The people in this region, thanks to the ICTY Tribunal and the functioning of the judiciary in the protectorates (Bosnia and Herzegovina, Kosovo), already have the idea of the so-called 'political justice' or the abuse of the judiciary for political ...
Đurković Miša
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Common Good Constitutionalism vs. America’s Enlightenment Civil Religion [PDF]
In his 2022 volume Common Good Constitutionalism, and in a series of essays and other works prior to the book’s release, Harvard Law School professor Adrian Vermeule advances a new vision for the American republic.
Jason Morgan
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Our magazine has seen a lot of new things this past year—from a new layout to a fantastic production staff to a new webpage with improved guidelines for authors, reviewers, editors, and special issue guest editors as well as improved author templates. I hope this makes it smoother to provide your contribution to our readers.
openaire +1 more source
Approaches of Interpretation of Constitutional Law in Iran and the United States [PDF]
Although the interpretation of constitutional law is not an exception to general interpretation of law , it is of high significance and prominence due to its enjoying the same value as the constitution and its interrelation with socio-political problems.
hamid reza nikogoftar safa
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Introduction to the Special Issue of “Studia Gilsoniana” on Revolution and the Enlightenment [PDF]
Paul de Lacvivier This paper aims to highlight how the trial of Louis XVI expresses a complete inversion of the legal principles of Old Christian France, where the authority of the absolute King submits to superior customary and divine laws, against the
Paul de Lacvivier, Jason Morgan
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Recent American debates about the relationship between the historic political compromises underlying constitutional provisions and their contemporary judicial application have been largely ignored in Canada.
J. Gareth Morley
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