00000nam 2200000 4500 INLIS000000000004733 20200508202846 200508||||||||| | ||| |||| ||eng|| 0199274134 010-0520004733 eng 342.02 342.02/GOL/I Edited by Jeffrey Goldsworthy Interpreting Constitutions : A Comparative Study New York Routledge-Cavendish 2006 xvii, 353p.; 24 cm. 24 cm. Indeks : p.347-353 This 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. Constitutional law - Methodology Constitutional law - Philosophy