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Construction and Constraint: Discussion of Living Originalism [PDF]
, 2013 Jack Balkin\u27s Living Originalism raises many important questions about contemporary constitutional theory. Can and should liberals and progressives embrace originalism?
Solum, Lawrence B.
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Originalism and Non-Originalism as Legal Hermeneutics
University of Bologna Law ReviewOne of the hermeneutic elements that are decisive in the development of legislative acts and judicial decisions is the interpretation of the Constitution, the pillar of the legal system.
Manuel Lázaro Pulido
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Non-Originalism Differently: the Obligation of the Legislator to Respond to Changing Conditions
Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza, 2018 The question that the paper seeks to answer is formulated through reflections on the is-sues of non-originalism. Non-originalism refers to an approach to the interpretation of the Constitution where the text of the Constitution adapts to new conditions ...
Jana Kokešová
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Masalah-Masalah HukumConstitutional interpretation is a crucial and evolving field that extends beyond judges, involving legal scholars, citizens, and political theorists. It encompasses various methods such as originalism, textualism, moral reasoning, structural reasoning ...
Muhammad Ilham Hermawan
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Theory of Constitutional Interpretation in Activity of U.S. Supreme Court
RUDN Journal of Law, 2017 Trying situation in U.S law system characterized of searching responsibility of U.S. Supreme Court for modern signs of crisis. The role of interpretation strengthening continuously and are research’s object. The value of this theme is in investigation of
Vladimir N Safonov
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Justice Scalia and Queen Anne [PDF]
, 2015 This article explores problems with several definitions of Originalism proposed by Justice Scalia in "Reading Law: The Interpretation of Legal Texts." It begins by looking at Justice Scalia's citation of a possible statement by Queen Anne that Justice ...
Lloyd, Harold Anthony
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Pediatric Blood &Cancer, EarlyView.ABSTRACT Introduction Characterizing stressful events reported by childhood cancer survivors experienced throughout the lifespan may help improve trauma‐informed care relevant to the survivor experience. Methods Participants included 2552 survivors (54% female; 34 years of age) and 469 community controls (62% female; 33 years of age) from the St.
Megan E. Ware +13 more
wiley +1 more source
Originalism Without Text [PDF]
, 2017 Originalism is not about the text. Though the theory is often treated as a way to read the Constitution’s words, that conventional view is misleading.
Sachs, Stephen E.
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Pediatric Blood &Cancer, EarlyView.ABSTRACT Chemotherapy‐induced peripheral neuropathy remains a major complication in pediatric cancer, with disrupted somatosensory and nociceptive processing being a key aspect. This review synthesizes empirical studies on alterations in somatosensory and nociceptive processing in children and adolescents with cancer.
Julia Schweiger +4 more
wiley +1 more source
Zbornik Pravnog Fakulteta Sveučilišta u RijeciThe paper explores the tension between originalism, the theory of constitutional interpretation which posits that the original meaning of constitutional provisions should be authoritative, and the counter-majoritarian elements that are deeply embedded in
Niko Jarak, Ana Horvat Vuković
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