Results 11 to 20 of about 3,578 (249)

How Different are Originalism and Non-Originalism? [PDF]

, 2011
The academic debate about originalism remains vibrant and dynamic, and the theoretical case for originalism is more nuanced now than ever before. So nuanced, in fact, that - at least as described by several prominent originalists - originalism is no ...
Smith, Peter J.
core   +5 more sources

Equivocal Originalism [PDF]

, 2022
Originalism is a term shrouded in ambiguity and ripe for equivocation. A recent article by Stephen Sachs in the Harvard Law Review tries to clarify the discussion by distinguishing between originalism as a decision standard, or a set of criteria for ...
Lawson, Gary S.
core   +2 more sources

Originalism [PDF]

, 2017
Originalism might be defended on two very different grounds. The first is that it is in some sense mandatory—for example, that it follows from the very idea of interpretation, from having a written Constitution, or from the only legitimate justifications
Cass R. Sunstein, Sunstein, Cass R
core   +2 more sources

Profiling originalism [PDF]

, 2011
Originalism is a subject of both legal and political discourse, invoked not just in law review scholarship but also in popular media and public discussion. This Essay presents the first empirical study of public attitudes about originalism.
Greene, Jamal, Persily, Nathaniel, Ansolabehere, Stephen   +2 more
core   +8 more sources

Living Originalism [PDF]

, 2009
Originalists routinely argue that originalism is the only coherent and legitimate theory of constitutional interpretation. This Article endeavors to undermine those claims by demonstrating that, despite the suggestion of originalist rhetoric, originalism
Smith, Peter J., Colby, Thomas B.
core   +4 more sources

Tertium non datur? American Originalism and Polarization in Democracy [PDF]

Krytyka Prawa
Originalism – as one of the main approaches to the interpretation of the U.S. federal Constitution – has been increasingly viewed as an instrument of political struggle in the hands of the judiciary.
Katarzyna Maćkowska
doaj   +1 more source

Originalism\u27s Implementation Problem [PDF]

, 2022
Originalism has received a great deal of recent, mainstream attention. President Donald Trump\u27s nomination of three justices to the Supreme Court amplified discussions of their judicial philosophies during and following their confirmation proceedings.
Smith, Michael L, Hiland, Alexander S
core   +3 more sources

The philosophy of law in the transparency of the parliament by complying with the study of the legal plan "Transparency of the ballots of the representatives" provisions [PDF]

فلسفه حقوق, 2023
The aim of the current research is to explain the desirable nature of parliament's transparency and its theoretical challenges in contemporary Iranian constitutional law based on the philosophical findings of modern law in relation to constitutional ...
Seyed Ehsan Rafiei Alavi
doaj   +1 more source

Interpretations of the ‘Living Constitution’ in the American Legal and Political Discourse. Selected Problems

Zbornik Pravnog Fakulteta u Zagrebu, 2019
The synoptic character of the American Constitution has created favorable conditions for varied interpretations that were hotbeds of controversy and conflicts. The explanation of the U.S. Constitution is a problem of constitutional theory, constitutional
Edyta Sokalska
doaj   +1 more source

Amerykańskie koncepcje interpretacji konstytucji a rodzime teorie: klaryfikacyjna i derywacyjna. Próba porównania

Acta Iuris Stetinensis, 2022
The author set himself a goal of finding common elements of American concepts for the interpretation of the constitution and Polish descriptive-normative theories of legal interpretation of universal nature.
Paweł Boike
doaj   +1 more source