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Common Law Constitutionalism and the Written...
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

Labels

Sustainable Development Goals (SDG)