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Interpreting ConstitutionsA Comparative Study$
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Jeffrey Goldsworthy

Print publication date: 2007

Print ISBN-13: 9780199226474

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199226474.001.0001

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Introduction

Introduction

Chapter:
(p.1) Introduction
Source:
Interpreting Constitutions
Author(s):

Jeffrey Goldsworthy

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199226474.003.0001

Much of the controversy surrounding constitutional interpretation concerns two issues. The first is a version of a conundrum that has perplexed lawyers for millennia: should the interpretation of a law he governed mainly by its ‘letter’, or by its ‘spirit’? The second issue is the extent to which the meaning of a constitution can, and should, be determined by the original intentions, purposes, or understandings of its founders. This issue pits so-called ‘non-originalists’ against ‘originalists’. This book explores the constitutions of six countries — Australia, Canada, Germany, India, South Africa, and the United States — and how they have been interpreted by their highest courts. It examines whether the courts' interpretive practices have changed over time, the apparent reasons for any changes, and whether the courts apply the same interpretive principles to different areas of constitutional law, such as federalism, separation of powers, and individual rights. The book then reflects on the institutional, political, social, and cultural contexts that might help to explain differences between the practices of these courts.

Keywords:   constitutions, constitutional interpretation, Australia, Canada, Germany, India, South Africa, United States, courts, federalism

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