Originalism And Dispute Over The Theory Of Constitutional Interpretation In The United States
Rao Zhi-jing
Abstract
Rao Zhi-jing
Abstract
The originalism is one important methods of constitutional interpretation in the American.Originalists claim that constitution should be interpreted according to the original intentions of its authors or the original meanings of its word.Non-originalists raised a multi-level criticism and think originalism is not feasible in the methodology.originalism and non-originalism over the issue of the interpretation of the Constitution of the United States is involved in the two core issues:democracy and legitimacy.Learn from the American experience,we should interpretate the Constitution according to the different fields involved in the Constitution and make the rational use of originalism.
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The originalism is one important methods of constitutional interpretation in the American.Originalists claim that constitution should be interpreted according to the original intentions of its authors or the original meanings of its word.Non-originalists raised a multi-level criticism and think originalism is not feasible in the methodology.originalism and non-originalism over the issue of the interpretation of the Constitution of the United States is involved in the two core issues:democracy and legitimacy.Learn from the American experience,we should interpretate the Constitution according to the different fields involved in the Constitution and make the rational use of originalism.
Key concepts: Originalism, Constitution, Constitutional interpretation, Interpretation (philosophy), Legitimacy, Law, Political science, Constitutional theory