Jump to ContentJump to Main Navigation

You are looking at 1-6 of 6 items

  • Keywords: constitutional meaning x
Clear All Modify Search

View:

Constitutional Construction: Supplementing Original Meaning

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter explains how constitutional interpretation, originalist or otherwise, does not always produce unambiguous rules of law that can be applied to cases. The Constitution requires more than ... More


Thesis and antithesis: To check or not to check the Judiciary

Cristina E. Parau

in Transnational Networking and Elite Self-Empowerment: The Making of the Judiciary in Contemporary Europe and Beyond

Published in print:
2018
Published Online:
May 2019
ISBN:
9780197266403
eISBN:
9780191879593
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266403.003.0005
Subject:
Law, Legal Profession and Ethics

This chapter analyses Network Community discourses in order to better expose the causal role of its hegemonic norms. Key assumptions held by the Community about the qualities of their agenda are ... More


The Documentary Constitution

in Regulatory Rights: Supreme Court Activism, the Public Interest, and the Making of Constitutional Law

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226944715
eISBN:
9780226944739
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226944739.003.0002
Subject:
Law, Company and Commercial Law

This chapter explains that conventional thinking about the Constitution is crippled by the irrepressible misconception that the Constitution is one and the same with the storied document. It examines ... More


Approaches to Constitutional Interpretation

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/9780195328578.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter sketches a typology of approaches to constitutional interpretation or sources of constitutional meaning. Yet it cautions against “the approach hypothesis” (i.e., that all of our beliefs ... More


A True Novelty

Jaklic Klemen

in Constitutional Pluralism in the EU

Published in print:
2014
Published Online:
April 2014
ISBN:
9780198703228
eISBN:
9780191773051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703228.003.0008
Subject:
Law, EU Law, Constitutional and Administrative Law

Some important recent contributions have expressed doubts about viewing the described approaches as pluralist. There are several main lines of this fundamental critique. Firstly, some argue against ... More


War and Syntax

Robert L. Tsai

in Eloquence and Reason: Creating a First Amendment Culture

Published in print:
2008
Published Online:
October 2013
ISBN:
9780300117233
eISBN:
9780300151879
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300117233.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter discusses war and the misconception that has circulated for some time regarding its being a purely irrational event—a social paroxysm, even the breakdown of the rule of law. Whether out ... More


View: