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Constitutional Interpretation
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Constitutional Interpretation: The Basic Questions

Sotirios A. Barber and James E. Fleming

Abstract

What is the nature of the US Constitution? How ought it to be interpreted? Ronald Dworkin famously argued that fidelity in interpreting the Constitution as written calls for a fusion of constitutional law and moral philosophy. Sotirios A. Barber and James E. Fleming take up that call, arguing for a philosophic approach to constitutional interpretation. In doing so, they systematically criticize competing approaches — textualism, consensualism, originalism, structuralism, doctrinalism, minimalism, and pragmatism — that aim and claim to avoid a philosophic approach. They show that none can respo ... More

Keywords: approaches to constitutional interpretation, philosophic approach to constitutional interpretation, originalism, fidelity in interpreting the Constitution

Bibliographic Information

Print publication date: 2007 Print ISBN-13: 9780195328578
Published to Oxford Scholarship Online: January 2009 DOI:10.1093/acprof:oso/9780195328578.001.0001

Authors

Affiliations are at time of print publication.

Sotirios A. Barber, author
University of Notre Dame

James E. Fleming, author