Chapter
Common Law Constitutionalism and the Written Constitution
Abstract
This paper is a contribution to the development of a common-law approach to constitutional interpretation. It provides an answer to the objection that drawing on common-law principles in the interpretation of a constitutional text makes the meaning of its normative terms dependent on the subjective moral views of judges. To this end, it uses David Strauss’ notion that any interpretation of constitutional law should be compatible with the …
Authors
Waluchow WJ; Stevens K
Book title
Democratizing Constitutional Law
Series
Law and Philosophy Library
Volume
113
Pagination
pp. 275-291
Publisher
Springer Nature
Publication Date
2016
DOI
10.1007/978-3-319-28371-5_13