The Challenge of Originalism Theories of Constitutional Interpretation

Author: Grant Huscroft
Publisher: Cambridge University Press
ISBN: 9781107613041
Published In: July 2013
Format: Paperback , 316 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for the interpretation of constitutional texts and provide reasons for fidelity to those texts. The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other. They also make new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves.

• Expands the debate over originalism beyond the United States and at the same time brings insights from living constitutionalism to bear

• Addresses constitutional controversies in the US, Canada, and Australia and is relevant to the UK and New Zealand as well

• Makes new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves

1. What is originalism? The evolution of contemporary originalist theory Lawrence B. Solum; 2. The case for originalism Jeffrey Goldsworthy; 3. On pluralism within originalism Keith E. Whittington; 4. Simple-minded originalism Larry Alexander; 5. The intentionalist thesis once more Stanley Fish; 6. Origin myth: the persons case, the living tree, and the new originalism Bradley W. Miller; 7. Originalism's constitution Grégoire C. N. Webber; 8. The curious concept of the 'living tree' (or non-locked-in) constitution James Allan; 9. Vagueness, finiteness, and the limits of interpretation and construction Grant Huscroft; 10. That old-time originalism Steven D. Smith; 11. Reflective equilibrium and constitutional method Mitchell N. Berman; 12. Constitutions, originalism, and meaning Brian H. Bix.

Grant Huscroft
University of Western Ontario

Bradley W. Miller
University of Western Ontario