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Original Understanding: Contemporaneous Understanding and Interpretive Issues

Lackland H. Bloom

in Methods of Interpretation: How the Supreme Court Reads the Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195377118
eISBN:
9780199869510
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377118.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the Court's use of sources of original understanding contemporaneous with enactment of the constitutional provision in question, along with a variety of issues that the Court ... More


The Philosophic Approach

Sotirios A. Barber and James E. Fleming

in Constitutional Interpretation: The Basic Questions

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195328578
eISBN:
9780199855339
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328578.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter defends the philosophic approach to constitutional interpretation. This thinking for oneself must be conducted with an attitude of self-criticism, seeing constitutional interpretation as ... More


The Catalytic Court

Katharine G. Young

in Constituting Economic and Social Rights

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199641932
eISBN:
9780191746086
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641932.003.0006
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

This chapter introduces the concept of a judicial “role conception”. A role conception assists the court in maintaining democratic legitimacy, adherence to opinions and execution of orders. The ... More


Two Conceptions of Autonomy

Kai Möller

in The Global Model of Constitutional Rights

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199664603
eISBN:
9780191745751
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664603.003.0003
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter discusses two competing conceptions of personal autonomy: the excluded reasons conception and the protected interests conception. The excluded reasons conception — related to Ronald ... More


William H. Taft

Steven G. Calabresi and Christopher S. Yoo

in The Unitary Executive: Presidential Power from Washington to Bush

Published in print:
2008
Published Online:
October 2013
ISBN:
9780300121261
eISBN:
9780300145380
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300121261.003.0033
Subject:
Law, Constitutional and Administrative Law

This chapter is a comparison of Theodore Roosevelt's aggressive take on presidential power and that of William Howard Taft's more modest view. Taft attacked the stewardship theory as “an unsafe ... More


Recasting Secularism as One Conception of the Good Among Many in a Post-Secular Constitutional Polity

Michel Rosenfeld

in Constitutional Secularism in an Age of Religious Revival

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199660384
eISBN:
9780191748264
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660384.003.0005
Subject:
Law, Constitutional and Administrative Law, Public International Law

Modern Enlightenment based constitutionalism accords secularism a privileged position: by remaining secular, the public sphere should warrant neutrality among religions and among the latter and ... More


Law and Morality

Adil Ahmad Haque

in Law and Morality at War

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199687398
eISBN:
9780191767180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199687398.003.0002
Subject:
Law, Comparative Law, Constitutional and Administrative Law

Conventionalists argue that combatants are legally and morally permitted to fight irrespective of their cause. Revisionists argue that combatants are not morally permitted to fight for an unjust ... More


Originalism and Constructive Interpretation

David O. Brink

in The Legacy of Ronald Dworkin

Published in print:
2016
Published Online:
May 2016
ISBN:
9780190466411
eISBN:
9780190466442
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190466411.003.0012
Subject:
Law, Legal History, Constitutional and Administrative Law

This essay is a sympathetic reconstruction and assessment of Ronald Dworkin’s interpretive approach to the law, his insistence on the normative dimensions of interpretation, and his defense of right ... More


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