See Robert H. Bork, Neutral Principles and Some First Amendment Problems, 47 Ind.
Circa 1970, Robert Bork launched originalism as a self-conscious theory of constitutional interpretation. Evolving Standards of Decency Rule of Law . Judicial interpretation refers to different ways that the judiciary uses to interpret the law, particularly constitutional documents and legislation. Contemporary Ratification Representation Reinforcement . "maintain that constitutional interpretation frequently requires going beyond the text and historical context of specific provisions to articulate and apply broader principles of constitutional politics" Still concerned with the text and even (to some degree) originalism Cons: - Loss of legitimacy It is important to note that the constitution itself endorses the general principles of interpretation through Article 367(1), which states that unless the context otherwise requires, the General Clauses Act, 1897 shall apply for the interpretation of this constitution as it applies to the interpretation of an act of the legislature. [6]. interpretation – let alone constitutionally induced shifts in modes of and approaches to interpretation – really entails.
In View Theories_of_Constitutional_Interpretation.pdf from MATH 123918341 at Trends Setter College of TEVT Oghi. Constitutional Law Fall 2010 . Symposium 1985 Constitutional Interpretation. == Robert Post Theories of Constitutional Interpretation In the reading Theories of Constitutional Interpretation, Robert Post describes Brown a “ Responsive Interpreter ”.
Skinner, Quentin 1969 Meaning and Understanding in the History of Ideas. Strict Construction Original Intent . University of Southern California Law Review 58:551–725.
"'8 This article is organized around three basic interpretative questions: 9 Who … Originalism is a force to be reckoned with in constitutional interpretation. Followers of originalism believe that the Constitution should be interpreted at the time that the Framers drafted the document. "maintain that constitutional interpretation frequently requires going beyond the text and historical context of specific provisions to articulate and apply broader principles of constitutional politics" Still concerned with the text and even (to some degree) originalism Cons: - Loss of legitimacy 3 Theoretical multi-functionality Frank Michelman16 identifies literalism, intentionalism, purposivism instrumentalism and moralism as theories of constitutional interpretation in …
The originalist interpretation can be further divided into two schools, intent and meaning. Michigan Law Review 79:1033–1072.
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