Last edited by Yozshujora
Tuesday, May 12, 2020 | History

6 edition of Constitutional Interpretation found in the catalog.

Constitutional Interpretation

Textual Meaning, Original Intent, and Judicial Review

by Keith E. Whittington

  • 364 Want to read
  • 37 Currently reading

Published by University Press of Kansas .
Written in English

    Subjects:
  • Constitution: government & the state,
  • Constitutional & administrative law,
  • Jurisprudence & philosophy of law,
  • Legal Reference / Law Profession,
  • Constitutional Law,
  • U.S. Federal Judicial Bodies,
  • Law,
  • USA,
  • Constitutional,
  • Courts - Supreme Court,
  • Jurisprudence,
  • Courts - General

  • The Physical Object
    FormatPaperback
    Number of Pages316
    ID Numbers
    Open LibraryOL7763020M
    ISBN 10070061141X
    ISBN 109780700611416

    The concept of constitutional interpretation is foreign in some countries, where the constitution makes a reasonable effort to cover every eventuality. These constitutions are generally rigid and little changing, adapting slowly to advances in political views, popular opinion, technology, and changes in government. Ronald Dworkin famously argued that fidelity in interpreting the Constitution as written calls for a fusion of constitutional law and moral philosophy. Barber and Fleming take up that call, arguing for a philosophic approach to constitutional interpretation. In doing so, they systematically critique the competing approaches - textualism, consensualism, originalism, structuralism, doctrinalism.

    Genre/Form: Trials, litigation, etc Cases: Additional Physical Format: Online version: Ducat, Craig R. Modes of constitutional interpretation. St. Paul: West Pub. Co. Constitutional Interpretation Jeffrey Goldsworthy Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription. Please subscribe or login to access full text content. If you have purchased a print title that contains an access token, please see the token for information about.

    Book Description. At the heart of constitutional interpretation is the struggle between, on the one hand, fidelity to founding meanings, and, on the other hand, creative interpretation to suit the context and needs of an evolving society. This book considers the recent growth of constitutional cases in Singapore in the last ten years. Quick link: Online Annotated Book of Order. About Us Constitutional Interpretation is a department of the Office of the General Assembly concentrating on: The Constitution of the PC(USA) Form of government and church polity; Judicial process; Providing staff support to the General Assembly Permanent Judicial Commission (GAPJC) Publications and.


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Constitutional Interpretation by Keith E. Whittington Download PDF EPUB FB2

Constitutional Interpretation: The Basic Questions, examines the fundamental inquiries that arise in interpreting constitutional law. Constitutional Interpretation book In doing so, the authors survey the controversial and intriguing questions that have stirred constitutional debate in the United States for over two centuries, such as: how and for what ends should governmental Cited by: Ronald Kahn, author of The Supreme Court and Constitutional Theory, "A timely, important, meticulously researched, and well-written book that makes a valuable contribution to constitutional theory and is the best work on constitutional interpretation that I have read.

It deserves attention from a wide audience."--Cited by: Constitutional interpretation is an issue which has come under considerable scrutiny in the USA, in the light of such happenings as the nomination of Robert Bork for the Supreme Court, and the Iran-Contra affair.

This book is intended as an overview of the debate on constitutional interpretation, and employs historical, textual, doctrinal, prudential, ethical and structural Author: Philip Chase Bobbitt.

This chapter discusses ‘constitutional’ interpretation of a Charter. It compares the United Nations Charter and the United States Constitution, citing that both provide institutional mechanisms to accomplish goals identified only as ‘majestic generalities.’ As with the U.S.

Constitution, there also appears to be a separation of powers notion at work within the UN. Constitutional Interpretation book. Read reviews from world’s largest community for readers. One of the best-known, most complete, and widely read Consti /5.

Principles of Constitutional Interpretation. Constitutional interpretation, or constitutional construction, the term more often used by the Founders, is the process by which legal decisions are made that are justified by a constitution, although not necessarily tutional controversies are about whether an Constitutional Interpretation book act is consistent with, and authorized by, a.

SuperSummary, a modern alternative to SparkNotes and CliffsNotes, offers high-quality study guides that feature detailed chapter summaries and analysis of major themes, characters, quotes, and essay topics. This one-page guide includes a plot summary and brief analysis of The American Revolution: A Constitutional Interpretation by Charles Howard McIlwain.

The goal of all six editions of this book has been to meet a need for teaching materials that directly confront the core problems of the enterprise of constitutional interpretation. We have organized the book around three basic interrogatives:.

6 Professor Keith Whittington has distinguished between the concepts of “constitutional interpretation” and “constitutional construction.” In an influential book on the subject, he wrote that both interpretation and construction of the Constitution “seek to elaborate a meaning somehow already present in the text.” However File Size: KB.

This book breaks free of the stalemate and reinvigorates the debate over how the judiciary should interpret the Constitution. Keith Whittington reconsiders the implications Constitutional scholarship has deteriorated into a set of armed camps, with defenders of different theories of judicial review too often talking to their own supporters but 4/5(12).

—Ronald Kahn, author of The Supreme Court and Constitutional Theory, – “A timely, important, meticulously researched, and well-written book that makes a valuable contribution to constitutional theory and is the best work on constitutional interpretation that I have read.

It deserves attention from a wide audience.”. Nonjudicial Constitutional Interpretation, Authoritative Settlement, and a New Agenda for Research By Peabody, Bruce G Constitutional Commentary, Vol. 16, No. 1, Spring Read preview Overview Causes of the Recent Turn in Constitutional Interpretation By Schroeder, Christopher H Duke Law Journal, Vol.

51, No. 1, October Theories of Constitutional Interpretation. believes that the fixed meaning of the text should be the sole guide for a judge when applying or interpreting a constitutional provision. Textualist: A textualist is an originalist who gives primary weight to the text and structure of the Constitution.

The text means what it would have been. In this work, which won the Pulitzer Prize in history, McIlwain argues that the central problem in the genesis of the American Revolution was the determination of the exact nature of the British Empire's constitution.

"After a searching examination of a wealth of judicial precedents drawn largely from Ireland's relations with the English king and parliament, the author reaches. One of the best-known, most comprehensive, and widely read Constitutional Law textbooks published today, CONSTITUTIONAL INTERPRETATION, Tenth Edition, is updated to reflect current issues and cases relevant to students.

CONSTITUTIONAL INTERPRETATION is known for offering a good balance between textual explanation and edited court cases but is. This chapter sketches a typology of approaches to constitutional interpretation or sources of constitutional meaning. Yet it cautions against “the approach hypothesis” (i.e., that all of our beliefs about the Constitution are controlled by some partisan perspective or approach) in light of evidence that interpreters have a pre-approach awareness of the : Sotirios A.

Barber. Constitutional Interpretation 89 Speaking Up and Speaking More 98 Exhibit —Dissent Rates in Constitutional and Non-Constitutional Cases, October – Terms 99 Exhibit —Conflict and Commentary in the U.S. Supreme Court, October Terms – Away From Institutionalism and Toward Individualism File Size: 3MB.

Ronald Kahn, author of The Supreme Court and Constitutional Theory, "A timely, important, meticulously researched, and well-written book that makes a valuable contribution to constitutional theory and is the best work on constitutional interpretation that I have read.

It deserves attention from a wide audience."—Author: Keith E. Whittington. Issue: Constitutional Interpretation. As Chief Justice John Marshall wrote in McCulloch nd, a constitution’s nature “requires that only its great outlines should be marked, its important objects designated, and the minor ingredients which compose those objects be deduced from the nature of the objects themselves.” ACS promotes methods of interpreting.

Constitutional Interpretation: The Basic Questions illustrates that these approaches cannot avoid philosophic reflection and choice in interpreting the Constitution. Barber and Fleming contend that fidelity in constitutional interpretation requires a fusion of philosophic and other approaches, properly : Sotirios A.

Barber. Law Notes on Principles of Constitutional Interpretation. Last Updated: 2 months ago Principles of Constitutional Interpretation Introduction.

The letters of the constitution are fairly static and not very easy to change but the laws enacted by the legislature reflect the current state of people and are very dynamic.Get this from a library!

Constitutional interpretation. [Craig R Ducat; Harold W Chase] -- Good balance between textual explanation and edited Court cases written in clear, concise language.Judicial interpretation refers to different ways that the judiciary uses to interpret the law, particularly constitutional documents and legislation.

This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.