Download ☧ Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review.
Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review
by Keith E. Whittington
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Results Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review
Constitutional Interpretation Textual Meaning Original Constitutional Interpretation Textual Meaning Original Intent and Judicial Review Keith E Whittington on FREE shipping on qualifying offers 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 not engaging their opponents Constitutional Interpretation Textual Meaning Original Constitutional Interpretation Textual Meaning Original Intent and Judicial Review Constitutional Interpretation reconsiders the implications of the fundamental legal commitment to faithfully interpret our written Constitution Making use of arguments drawn from American history political philosophy and literary theory Constitutional Interpretation Textual Meaning Original Making use of arguments drawn from American history political philosophy and literary theory the book examines what it means to interpret a written constitution and how the courts should go about that task The book concludes that when interpreting the Constitution the judiciary should adhere to the discoverable intentions of the Founders Constitutional Intepretation Keith E Whittington Constitutional Interpretation Textual Meaning Original Intent and Judicial Review Lawrence University Press of Kansas 1999 Buy It University Press of Kansas description This book reconsiders the implications of the fundamental legal commitment to faithfully interpret our written Constitution Constitutional Interpretation Textual Meaning Original It shows us not only what the judiciary ought to do but what the limits of appropriate judicial review are and how judicial review fits into a larger system of constitutional government It concludes that textual indeterminacy is an inescapable aspect of our constitutional inheritance and one that has important implications for the practice of judicial review Constitutional Interpretation Textual Meaning Original Constitutional Interpretation Textual Meaning Original Intent and Judicial Review In a nondogmatic and readily understandable way he explains how originalist methods can be reconciled with an appropriate understanding of legal interpretation and why originalism has much to teach constitutional theorists of all stripes Textualism Wikipedia Textualism is a formalist theory in which the interpretation of the law is primarily based on the ordinary meaning of the legal text where no consideration is given to nontextual sources such as intention of the law when passed the problem it was intended to remedy or significant questions regarding the justice or rectitude of the law Originalism Wikipedia Originalism The original intent theory which holds that interpretation of a written constitution is or should be consistent with what was meant by those who drafted and ratified it This is currently a minority view among originalists The original meaning theory which is closely related to textualism
