Judicial Approach To Interpretation Of Constitution

Judicial Approach To Interpretation Of Constitution Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Judicial Approach To Interpretation Of Constitution book. This book definitely worth reading, it is an incredibly well-written.

Judicial Approach to Interpretation of Constitution

Ijaiya, Hakeem Olasunkanmi
Judicial Approach to Interpretation of Constitution Book PDF

Author : Ijaiya, Hakeem Olasunkanmi
Publisher : Malthouse Press
Page : 219 pages
File Size : 43,5 Mb
Release : 2017-05-05
Category : Law
ISBN : 9789789584468

Get Book

Judicial Approach to Interpretation of Constitution by Ijaiya, Hakeem Olasunkanmi Pdf

This book, Judicial Approach to Interpretation of Constitution: A Study of Nigeria, Australia, Canada and India, is the outcome of a doctoral study of the judicial interpretation of the constitutions in selected Commonwealth jurisdictions, and a survey of the theories of constitutional interpretation and adjudication, the rules applied by the courts in the interpretation of the provisions of the constitutions, and determined the extent to which the existing approaches to the interpretation of the constitution have hindered the development of constitutional jurisprudence in those countries. In all, the statutes and constitutions are expressed in English language and some words are prone to distortions, thereby requiring the need for the courts to discover the intention of the legislators when interpreting such statutes and constitutions. It is further observed that the theories and rules of interpretation currently adopted by the courts are conflicting, and this is partly due to vagueness and also that in many cases, where a rule appears to support a particular interpretation, there is another rule, often of equal status, which can be invoked in favour of an interpretation which could lead to different result. The general conclusion is that the existing approaches to constitutional interpretation are somewhat inefficient and inadequate to enable the courts to effectively discover the intention of the legislators, and therefore the courts should be allowed to examine all relevant parliamentary documents and debates.

Interpreting Constitutions

Jeffrey Goldsworthy
Interpreting Constitutions Book PDF

Author : Jeffrey Goldsworthy
Publisher : Oxford University Press
Page : 372 pages
File Size : 48,5 Mb
Release : 2006-02-09
Category : Law
ISBN : 9780199274130

Get Book

Interpreting Constitutions by Jeffrey Goldsworthy Pdf

This book describes the constitutions of six major federations 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 textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). 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. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.

Constitutional Interpretation

Keith E. Whittington
Constitutional Interpretation Book PDF

Author : Keith E. Whittington
Publisher : Unknown
Page : 328 pages
File Size : 55,9 Mb
Release : 1999
Category : Social Science
ISBN : UOM:39076002012875

Get Book

Constitutional Interpretation by Keith E. Whittington Pdf

With its detailed and wide-ranging explorations in history, philosophy, and law, this book is essential reading for anyone interested in how the Constitution ought to be interpreted and what it means to live under a constitutional government."--BOOK JACKET.

Keeping Faith with the Constitution

Goodwin Liu,Pamela S. Karlan,Christopher H. Schroeder
Keeping Faith with the Constitution Book PDF

Author : Goodwin Liu,Pamela S. Karlan,Christopher H. Schroeder
Publisher : Oxford University Press
Page : 272 pages
File Size : 54,5 Mb
Release : 2010-08-05
Category : Political Science
ISBN : 9780199750665

Get Book

Keeping Faith with the Constitution by Goodwin Liu,Pamela S. Karlan,Christopher H. Schroeder Pdf

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

Interpreting the Constitution

Kent Greenawalt
Interpreting the Constitution Book PDF

Author : Kent Greenawalt
Publisher : Oxford University Press
Page : 512 pages
File Size : 40,9 Mb
Release : 2015-11-04
Category : Law
ISBN : 9780190606473

Get Book

Interpreting the Constitution by Kent Greenawalt Pdf

This third volume about legal interpretation focuses on the interpretation of a constitution, most specifically that of the United States of America. In what may be unique, it combines a generalized account of various claims and possibilities with an examination of major domains of American constitutional law. This demonstrates convincingly that the book's major themes not only can be supported by individual examples, but are undeniably in accord with the continuing practice of the United States Supreme Court over time, and cannot be dismissed as misguided. The book's central thesis is that strategies of constitutional interpretation cannot be simple, that judges must take account of multiple factors not systematically reducible to any clear ordering. For any constitution that lasts over centuries and is hard to amend, original understanding cannot be completely determinative. To discern what that is, both how informed readers grasped a provision and what were the enactors' aims matter. Indeed, distinguishing these is usually extremely difficult, and often neither is really discernible. As time passes what modern citizens understand becomes important, diminishing the significance of original understanding. Simple versions of textualist originalism neither reflect what has taken place nor is really supportable. The focus on specific provisions shows, among other things, the obstacles to discerning original understanding, and why the original sense of proper interpretation should itself carry importance. For applying the Bill of Rights to states, conceptions conceived when the Fourteenth Amendment was adopted should take priority over those in 1791. But practically, for courts, to interpret provisions differently for the federal and state governments would be highly unwise. The scope of various provisions, such as those regarding free speech and cruel and unusual punishment, have expanded hugely since both 1791 and 1865. And questions such as how much deference judges should accord the political branches depend greatly on what provisions and issues are involved. Even with respect to single provisions, such as the Free Speech Clause, interpretive approaches have sensibly varied, greatly depending on the more particular subjects involved. How much deference judges should accord political actors also depends critically on the kind of issue involved.

Constitutional Interpretation

Sotirios A. Barber,James E. Fleming
Constitutional Interpretation Book PDF

Author : Sotirios A. Barber,James E. Fleming
Publisher : OUP USA
Page : 218 pages
File Size : 54,5 Mb
Release : 2007-06-07
Category : Law
ISBN : 9780195328585

Get Book

Constitutional Interpretation by Sotirios A. Barber,James E. Fleming Pdf

The presuppositions of constitutional interpretation -- The principal questions of constitutional interpretation -- The principal features of the American constitutional order : the positive constitutionalism of The federalist -- Approaches to constitutional interpretation -- Textualism and consensualism -- Narrow originalism/intentionalism -- Broad originalism -- Structuralism -- Doctrinalism and minimalism -- The philosophic approach -- Pragmatism -- Epilogue: a fusion of approaches to constitutional interpretation.

Not Quite Supreme

Dennis Baker
Not Quite Supreme Book PDF

Author : Dennis Baker
Publisher : McGill-Queen's Press - MQUP
Page : 230 pages
File Size : 53,7 Mb
Release : 2010
Category : Law
ISBN : 9780773580701

Get Book

Not Quite Supreme by Dennis Baker Pdf

A critique of the Supreme Court of Canada's power and a defence of Parliament's role in constitutional interpretation.

Interpreting Constitutions

Charles J. G. Sampford,Kim Preston
Interpreting Constitutions Book PDF

Author : Charles J. G. Sampford,Kim Preston
Publisher : Federation Press
Page : 292 pages
File Size : 55,7 Mb
Release : 1996
Category : Law
ISBN : 1862872414

Get Book

Interpreting Constitutions by Charles J. G. Sampford,Kim Preston Pdf

Constitutions can be viewed as the road map of liberal democracies. And like any road map, they need to be constantly reconsidered and redrawn as the territory develops and changes. The contributors undertake this re-interpretation on a number of levels. They examine first the theoretical approaches to constitutional interpretation and then move on to implied rights. There then follows a consideration of the role of the judiciary and parliament in constitutional interpretation, drawing upon a number of examples from around the world.

Judgment Calls

Daniel A. Farber,Suzanna Sherry
Judgment Calls Book PDF

Author : Daniel A. Farber,Suzanna Sherry
Publisher : Oxford University Press
Page : 218 pages
File Size : 44,8 Mb
Release : 2009
Category : Law
ISBN : 9780195371208

Get Book

Judgment Calls by Daniel A. Farber,Suzanna Sherry Pdf

In Judgment Calls, Daniel A. Farber and Suzanna Sherry present a fresh perspective on judicial review, taking aim at those who see only two types of approaches to judicial decisions: one based on constitutional law and one based on raw politics. Building on their previous book Beyond All Reason, which was a New York Times Notable Book of the Year, this volume is a similarly incisive challenge to some of the dominant tenets in mainstream legal studies and is sure to inspire debate. The authors aim to reconcile the democratic rule of law with the recognition that judges have discretion. The book takes on the problem of how the Supreme Court can operate in a principled way even in hard, politically charged cases where the legal materials fail to point unambiguously to a single outcome. Throughout, they describe the inherent constraints that keep judges from merely imposing their will, suggest standards for evaluating judicial performance, and make substantial suggestions for improvement. They close with a careful examination of the Supreme Court's controversial cases on the most pressing sociopolitical issues of recent times: the War on Terrorism, abortion, and affirmative action. Timely, trenchant, and carefully argued, Judgment Calls is a welcome addition to the literature on the intersection of constitutional interpretation and American politics.

The Rise of Modern Judicial Review

Christopher Wolfe
The Rise of Modern Judicial Review Book PDF

Author : Christopher Wolfe
Publisher : Rowman & Littlefield
Page : 472 pages
File Size : 55,8 Mb
Release : 1994
Category : Law
ISBN : 0822630265

Get Book

The Rise of Modern Judicial Review by Christopher Wolfe Pdf

This major history of judicial review, revised to include the Rehnquist court, shows how modern courts have used their power to create new "rights with fateful political consequences." Originally published by Basic Books.

How to Read the Constitution

Christopher Wolfe
How to Read the Constitution Book PDF

Author : Christopher Wolfe
Publisher : Rowman & Littlefield
Page : 246 pages
File Size : 54,8 Mb
Release : 1996
Category : Law
ISBN : 084768234X

Get Book

How to Read the Constitution by Christopher Wolfe Pdf

Prominent constitutional scholar Christopher Wolfe challenges popular opinions by presenting an insightful and well-supported defense of originalist interpretations of the Constitution. He describes the traditional approach to constitutional interpretation and judicial review and then focuses his analysis on the due process clause, which has become the source of most modern constitutional law. Wolfe challenges the most influential defenders of judicial activism, including Laurence Tribe, Michael Dorf, Harry Wellington, and Mark Tushnet, and he persuasively explains the dire political consequences of taking the Constitution out of constitutional law.

Weak Courts, Strong Rights

Mark Tushnet
Weak Courts Strong Rights Book PDF

Author : Mark Tushnet
Publisher : Princeton University Press
Page : 288 pages
File Size : 50,9 Mb
Release : 2009-07-20
Category : Political Science
ISBN : 9781400828159

Get Book

Weak Courts, Strong Rights by Mark Tushnet Pdf

Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

Purposive Interpretation in Law

Aharon Barak
Purposive Interpretation in Law Book PDF

Author : Aharon Barak
Publisher : Princeton University Press
Page : 444 pages
File Size : 47,8 Mb
Release : 2011-10-16
Category : Law
ISBN : 9781400841264

Get Book

Purposive Interpretation in Law by Aharon Barak Pdf

This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that an alternative approach--purposive interpretation--allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences. Moreover, regardless of whether purposive interpretation amounts to a unifying theory, it would still be superior to other methods of interpretation in tackling each kind of text separately. Barak explains purposive interpretation as follows: All legal interpretation must start by establishing a range of semantic meanings for a given text, from which the legal meaning is then drawn. In purposive interpretation, the text's "purpose" is the criterion for establishing which of the semantic meanings yields the legal meaning. Establishing the ultimate purpose--and thus the legal meaning--depends on the relationship between the subjective and objective purposes; that is, between the original intent of the text's author and the intent of a reasonable author and of the legal system at the time of interpretation. This is easy to establish when the subjective and objective purposes coincide. But when they don't, the relative weight given to each purpose depends on the nature of the text. For example, subjective purpose is given substantial weight in interpreting a will; objective purpose, in interpreting a constitution. Barak develops this theory with masterful scholarship and close attention to its practical application. Throughout, he contrasts his approach with that of textualists and neotextualists such as Antonin Scalia, pragmatists such as Richard Posner, and legal philosophers such as Ronald Dworkin. This book represents a profoundly important contribution to legal scholarship and a major alternative to interpretive approaches advanced by other leading figures in the judicial world.

Judicial Law-making in English and German Courts

Martin Brenncke
Judicial Law making in English and German Courts Book PDF

Author : Martin Brenncke
Publisher : Unknown
Page : 128 pages
File Size : 43,5 Mb
Release : 2018
Category : Judge-made law
ISBN : 1780687907

Get Book

Judicial Law-making in English and German Courts by Martin Brenncke Pdf

"This book is a valuable study of how two jurisdictions approach the task of statutory interpretation in a complex and multivalent constitutional environment. It is the product of considerable scholarship across the two jurisdictions and a fine sensitivity to the various factors and different theoretical dimensions which inform the interpretative exercise. The exposition is clear. The argument is forceful. As with all the best works of comparative law, one reads this book and learns as much about one's own legal system as about the system with which it is compared."--The Foreword by Philip Sales (Lord Justice of Appeal, England & Wales) How far do contemporary English and German judges go when they interpret national legislation? Where are the limits of statutory interpretation when they venture outside the constraints of the text? Judicial Law-making in English and German Courts is concerned with the limits of judicial power in a legal system. It addresses the often neglected relationship between statutory interpretation and constitutional law. It traces the practical implications of constitutional principles by exploring the outer limits of what courts regard themselves as authorised to do in the area of statutory interpretation. The book critically analyses, reconstructs and compares judicial law-making in English and German courts from comparative, methodological and constitutional perspectives. It maps the differences and commonalities in both jurisdictions and then offers explanatory accounts for these differences and similarities based on constitutional, institutional, political, historical, cultural and international factors. It will be shown that a fundamental unity of statutory interpretation exists in English and German judicial practice in the sphere of rights-consistent and EU-conforming judicial law-making. The constitutional settings and legal cultures in Germany and the UK have converged in both areas of judicial law-making. However, that is not the case for judicial law-making under conventional canons of statutory interpretation, where significant differences in judicial approach to statutory interpretation remain. Judicial Law-making in English and German Courts is the first monograph in English that compares English and German legal methodology as applied in judicial practice, appealing to those interested in statutory interpretation, comparative law or legal methodology.

Dynamic Statutory Interpretation

William N. Eskridge
Dynamic Statutory Interpretation Book PDF

Author : William N. Eskridge
Publisher : Harvard University Press
Page : 460 pages
File Size : 41,6 Mb
Release : 1994
Category : Law
ISBN : 0674218787

Get Book

Dynamic Statutory Interpretation by William N. Eskridge Pdf

Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.