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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
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The American Constitution and the Debate over Originalism (Paperback, New)
Loot Price: R897
Discovery Miles 8 970
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The American Constitution and the Debate over Originalism (Paperback, New)
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Total price: R917
Discovery Miles: 9 170
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Located at the intersection of law, political science, philosophy,
and literary theory, this is a work of constitutional theory that
explores the nature of American constitutional interpretation
through a reconsideration of the long-standing debate between the
interpretive theories of originalism and nonoriginalism. It traces
that debate to a particular set of premises about the nature of
language, interpretation, and objectivity, premises that raise the
specter of unconstrained, unstructured constitutional
interpretation that has haunted contemporary constitutional theory.
It presents the novel argument that a critique of the underlying
premises of originalism dissolves not just originalism but
nonoriginalism as well, which leads to the recognition that
constitutional interpretation is already and always structured. It
makes this argument in terms of the first principle of the American
political system: by their fidelity to the Constitution, Americans
are a textual people in that they live in and through the terms of
a fundamental text.
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