01637 2200217 4500001002100000005001500021008004100036020001500077035001900092041000800111082001100119084001700130100003400147245005300181260004000234300003200274500002300306520101700329650003701346650003601383INLIS00000000000473320200508202846200508||||||||| | ||| |||| ||eng|| a0199274134 0010-0520004733 aeng0 a342.02 a342.02/GOL/I0 aEdited by Jeffrey Goldsworthy00aInterpreting Constitutions : A Comparative Study aNew YorkbRoutledge-Cavendishc2006 axvii, 353p.; 24 cm.c24 cm. aIndeks : p.347-353 aThis book describes six major national constitutions and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are originalism, non-originalism, positivism, and normativism. Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. It also includes a concluding chapter that compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional, and political circumstances. The period bracketed by the dramatic moments of 1937 and 1954, written off as a forgotten time of failure and futility, was in reality the first phase of modern struggles to define the constitutional order that will dominate the twenty - first century. 0aConstitutional law - Methodology 0aConstitutional law - Philosophy