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Constitutional Interpretation - The Basic Questions (Paperback)
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Constitutional Interpretation - The Basic Questions (Paperback)
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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, minimalism, and pragmatism - that aim and claim to
avoid a philosophic approach. 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 understood. Within such a fusion, interpreters
would begin to think of text, consensus, intentions, structures,
and doctrines not as alternatives to, but as sites of philosophic
reflection about the best understanding of our constitutional
commitments. Constitutional Interpretation: The Basic Questions
examines the fundamental inquiries that arise in interpreting
constitutional law. 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 institutions and
powers be arranged; what does the Constitution mean under general
circumstances and how should it be interpreted during concrete
controversies; and finally how do we decide what our constitution
means and who ultimately decides its meaning.
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