An Acceptable Meaning of the Constitution

Abstract

Judges clarify the Constitution in many plausible but different ways. The natural inclinations of a judge influence his starting premises. Some judges by nature prefer judicial restraint; others prefer selective judicial activism. The art of interpreting the Constitution involves the act of thinking, which, if disciplined, is not necessarily the same as illegitimate, judicial subjectivity. This is the hermeneutic insight presented in this Article.

Keywords

Jurisprudence, Constitutional interpretation, Hermeneutics, Law, United States

Share

Authors

Gary C. Leedes (University of Richmond)

Download

Issue

Publication details

Dates

Licence

All rights reserved

File Checksums (MD5)

  • pdf: 510c3e99d210afeb37f2a59f2bd07c19