Methods Of Interpretation

Author: Lackland H. Bloom (Jr.)
Publisher: Oxford University Press on Demand
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This title examines the various methodologies the Supreme Court, and individual justices, have employed throughout history when interpreting the Constitution.

How To Do Things With Rules

Author: William Twining
Publisher: Cambridge University Press
ISBN: 1139488244
Size: 73.70 MB
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The kind of approach adopted by Bloom could be readily applied to the
interpretive practices of different courts in the United Kingdom and Europe and to
systematic comparison of judicial methodologies across levels of law and legal
traditions. 11 Rules, reasoning and interpretation The subtitle of this book. 100
Appendix X. 101 A. Aarnio and D. N. MacCormick (eds.) Legal Reasoning (1992)
. 102 L. Bloom, Methods of Interpretation: How the Supreme Court Reads the
Constitution ...

Constitutional Law For A Changing America

Author: Lee Epstein
Publisher: CQ Press
ISBN: 1506398677
Size: 53.91 MB
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Constitutional Fate: Theory of the Constitution (New York: Oxford University Press
, 1982); and Lackland H. Bloom, Methods of Constitutional Interpretation: How
the Supreme Court Reads the Constitution (New York: Oxford University Press,
2009). Table 2-1 provides a brief summary of each, using the Second
Amendment as an example (in what directly follows, we supply more details). The
Second Amendment of the U.S. Constitution reads as follows: “A well regulated
Militia, being ...

On Reading The Constitution

Author: Laurence H. TRIBE
Publisher: Harvard University Press
ISBN: 0674044452
Size: 15.34 MB
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The controversy reached its most feverish pitch during the 1987 hearings on the
nomination of Judge Robert H. Bork to serve as a Supreme Court justice.
Although Judge Bork's record was distorted by some who opposed his
nomination,8 the Senate's decision to withhold its consent was based in large
part on its rejection of Judge Bork's belief that a quest for the "original intent" of
the Framers of the Constitution is the only proper method of interpreting the
Constitution.9 The claim that ...

American Constitutional Law

Author: Donald P. Kommers
Publisher: Rowman & Littlefield
ISBN: 9780742526877
Size: 14.68 MB
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he first part of this book (chapters 1 and 2) provides students with background on
the Supreme Court and the Court's role in the American system of government as
well as an overview of the process of constitutional interpretation. It locates the
Court within our "dual" ... Felix Frankfurter once remarked that judicial opinions
often "convey accents and nuances which the ear misses on a single reading,
and [they] reveal meanings in silences." Unveiling these nuances and "listening"
to ...

Global Constitutionalism

Author: Aydin Atilgan
Publisher: Springer
ISBN: 3662556472
Size: 51.91 MB
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“non-intervention” on rights.352 On the other hand, in both common and civil law
traditions, the statutory interpretation has a special gravity,353 and thereby
constitutions have been reconstructed through some progressive interpretation
methods in the case law of constitutional courts. A contemporary understanding
of constitution that originates from the rulings of the US Supreme Court in the
twentieth century, reads the constitution as a living organism that is always
subject to change.

Jumpstart Constitutional Law

Author: Jethro K. Lieberman
Publisher: Wolters Kluwer Law & Business
ISBN: 1454838892
Size: 65.83 MB
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Reading and Understanding Constitutional Law Jethro K. Lieberman. strict
scrutiny, intermediate scrutiny, and rational basis—and one of the important
questions in many cases is determining which to apply and how to apply it.
Although identifying the appropriate test is rarely the sole question in a case, it
will be useful in this separate section to consider tests and how they operate. 2.

The Encyclopedia Of The Supreme Court

Author: David Shultz
Publisher: Infobase Publishing
ISBN: 0816067392
Size: 74.71 MB
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The second level focuses on judges as legal officers; it concerns the Court's role
as an “interpretive” institution. This refers to the method and tools judges use
when reading the Constitution. As with countermajoritarian activism/restraint, we
can identify legal, or interpretive, activism and restraint by several measures. First
and foremost, there is the method of interpretation used to explicate both
constitutional powers and rights. Generally conceived in terms of “strict
construction” versus ...

The Oxford Handbook Of The Indian Constitution

Author: Sujit Choudhry
Publisher: Oxford University Press
ISBN: 0191058610
Size: 79.65 MB
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A more sceptical reading of the Supreme Court's jurisprudence during this phase
might be offered—could it be said that cases such as Gopalan and MSM Sharma
show that the Court was pro-State (rather than textualist) in its interpretive outlook
? Golak Nath, in which the Court ... Although textualism continued to appeal to
the judges, it was gradually overtaken by structuralism, and occasionally
supplemented by other methods of interpretation, such as ethicalism. The leading
case of ...

The Wisconsin State Constitution

Author: Jack Stark
Publisher: Oxford University Press on Demand
ISBN: 019977918X
Size: 30.78 MB
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state of affairs necessitated interpreting the constitution so as to adapt its
principles to the “practical affairs of government.” Six years later ... One of the
three major methods of interpreting the constitution is reading it literally, using a
method that now is commonly called applying the plain meaning rule. ... A few
years later a justice (by that time the term used for members of the supreme court
had been changed) more clearly employed the plain meaning rule (The Attorney
General ex rel.