Interpretation Of The Constitution In The United States In The Constitutional Review

It has been demonstrated by the practice of constitutional interpretation of the United States that the key of contention is the interpretive method of constitution. The thesis analizes the theory and practice of the constitutional interpretation of the Unitied States in the method of case analysis.Because not all the cases demanding constitutional review appealed to the Supreme Court will start the procedure of constitutional review, then leading to constitutional interpretation, the first chapter of the thesis introduces the premises of constitutional interpretation in the procedure of constitutional review. The interpreters of the constitution in the practice of the United States are ordinary courts. Before the procedure of constitutional review, the court will first avoid making decisions including decisions related to the constitution and decisions of violation of the constitution.The second chapter discusses the traditional interpretive methods of consitution in the United States, including the concept, application, and dilemmas of the textual interpretation, Original interpretation, historical interpretation, and Intentional interpretation. The intention of this chapter is not in defination of these interpretive methods, but in enlighting interpreters to comprehensively consider different interpretive menthods and protect civil rights and realize the value of constitution.The third chapter elaborates the current development of interpretive methods of constitution in the United States. In order to make up the defects of the traditional interpretive methods, the interpreters develop methods of benefits-banlancing, principles-elaborating, and results-oriented.The last chapter analyzes and gives comments to the interpretive methods of constitution in the United States. First the author summarizes characteristics of constitutional interpretive methods; then analyzes the influential factors of the constitutional interpretation. At the end, the author tries to suggest ways to choose the methods of constitutional interpretation. There is no same constitutional review system as the United States in our country, but by all means we have the need to interpret the constitution and protect cilvil rights. Thus, it is valuable to study the methods of constitutional interpretation in the United States, and this study will help us to understand the value of our constitution and protect our civil rights.