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The Inherent Dilemma Of Originalism In The Constitution Interpretation

Posted on:2007-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:X B HouFull Text:PDF
GTID:2166360185957443Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In US, the finally power which the constitution is interpreted by is grasped in the federation supreme court's hand. If Marbury v Madison defined the question that who should interprete the constitution, then following how interpreting the consititution continuously also occupies actually to the present in the argument. The constitutional interpretation actually should rest on which kind of way and method, and there are some different viewpoints in the legal science and the judicial domain. As one of the methods of interpretation of American consititution ,the originaliam has the glorious history. The aregument of originalism are as equally ancient as the American current constitutional government federation, says in this significance, US'S history grows gradually along with the aregument of the correct way about the constitutional interpretation.This article will discuss the originalism of the American constitution from five parts . First ,i will carry on the semantic analysis and the historical analysis of the originaliam; Second, the discussion about what is the original meaning in the constitutional interpretation; Third, why do we have to observe the original meaning of constitution ; Fourth, the dilemma that the originalism faces. The fifth part, I will further analyzes the deep level reason of the dilemma of originalism and its possibly solves.The first part carries on the semantic analysis and the historical inspection of the originalism. For there are many ways to interpret the Constitution, these trails will make its own answer to this question. Through analysis we will see that these different positions have a common classification standard. In the...
Keywords/Search Tags:Interpretation
PDF Full Text Request
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