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constitutional-interpretation

TITLE : Constitutional Interpretation

Judicial interpretation refers to different ways that the judiciary uses to interpret the law particularly constitutional documents and legislation this is an important issue in some common law jurisdictions such as the united states australia and canada because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review robert bork robert bork making the case for originalism if the constitution is law then presumably its meaning like that of all other law is the meaning the lawmakers were understood to have intendedmodernisminstrumentalism those who most oppose the originalist approach often consider themselves to be modernists or instrumentalists a modernist approach to constitutional interpretation looks at the constitution as if it were ratified todaywhy is constitutional interpretation necessary firstly the constitution is now more than 110 years old and has rarely been changed so in reality it is a very old documentabstract this is the draft of a new chapter for the revised second edition of my interpretation and legal theory forthcoming by hart publishing

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