Jump to ContentJump to Main Navigation
Interpreting ConstitutionsA Comparative Study$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 10 December 2019

The United States: Eclecticism in the Service of Pragmatism

The United States: Eclecticism in the Service of Pragmatism

Chapter:
(p.7) 1 The United States: Eclecticism in the Service of Pragmatism
Source:
Interpreting Constitutions
Author(s):

Mark Tushnet

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199226474.003.0002

The traditions of constitutional interpretation in the United States make it possible, and indeed relatively easy, to use interpretation as the vehicle for constitutional adaptation. The distinction between interpretation and alteration is accordingly quite thin. The interpretive traditions are decidedly eclectic. Interpretation relies on the words of the text as understood when they were made part of the constitution, general propositions about how institutional arrangements promote constitutionalism, ideas about the values of democracy and individual autonomy, and much more. This chapter looks at the U.S. constitution, its origins and structure, formation, and basis, as well as the legislature and the executive, the Supreme Court, constitutional amendment, problems and methods of constitutional interpretation, early examples of constitutional interpretation, considerations of administrability, (moderately) disfavoured interpretive methods, presumptive interpretation, preferred interpretive techniques, and eclecticism in practice.

Keywords:   constitutional interpretation, constitution, United States, legislature, Supreme Court, administrability, eclecticism, executive, constitutional amendment

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .