The Language of Law and the Foundations of American Constitutionalism (BOK)

Gary L. McDowell

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For much of its history, the interpretation of the United States Constitution presupposed judges seeking the meaning of the text and the original intentions behind that text, a process that was deemed by Chief Justice John Marshall to be 'the most sacred rule of interpretation'. Since the end of the nineteenth century, a radically new understanding has developed in which the moral intuition of the judges is allowed to supplant the Constitution's original meaning as the foundation of interpretation. The Founders' Constitution of fixed and permanent meaning has been replaced by the idea of a 'living' or evolving constitution. Gary L. McDowell refutes this new understanding, recovering the theoretical grounds of the original Constitution as understood by those who framed and ratified it. It was, he argues, the intention of the Founders that the judiciary must be bound by the original meaning of the Constitution when interpreting it.

Produktfakta

Språk Engelsk Engelsk Innbinding Heftet
Utgitt 2010 Forfatter Gary L. McDowell
Forlag
CAMBRIDGE UNIVERSITY PRESS
ISBN 9780521140911
Antall sider 428 Dimensjoner 15,6cm x 23,4cm x 2,3cm
Vekt 600 gram Leverandør Bertram Trading Ltd
Emner og form Constitution: government & the state, Constitutional & administrative law, Legal history