Constitution theory originalism

  • Ronald Dworkin is regarded as one of the leading critics of originalism in constitutional interpretation.
  • The basic idea of the theory is that the original meaning of the Constitution requires not merely reference to original word meanings and the syntactic or grammar rules at the time of the Constitution, but also to the interpretive rules followed at the time.
Originalists believe that the constitutional text ought to be given the original public meaning that it would have had at the time that it became law. The original meaning of constitutional texts can be discerned from dictionaries, grammar books, and from other legal documents from which the text might be borrowed.
Constitution theory originalism
Constitution theory originalism

United States Constitutional interpretation doctrine

In the context of United States law, originalism is a constitutional interpretation that asserts that all statements in the Constitution should be interpreted based on the original understanding.
This concept views the Constitution as stable from the time of enactment and that the meaning of its contents can be changed only by the steps set out in Article Five.
This notion stands in contrast to the concept of the Living Constitution, which asserts that the Constitution should be interpreted based on the context of current times, even if such interpretation is different from the original interpretations of the document.
Originalism should not be confused with strict constructionism.

Legal doctrine

Original intent is a theory in law concerning constitutional and statutory interpretation.
It is frequently used as a synonym for originalism; while original intent is one theory in the originalist family, it has some salient differences which has led originalists from more predominant schools of thought such as original meaning to distinguish original intent as much as legal realists do.

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