TY  - GEN
TY  - GEN
T1  - The language of law and the foundations of American constitutionalism
A1  - McDowell, Gary L.
LA  - eng
PP  - Cambridge ; New York
PB  - Cambridge University Press
YR  - 2010
UL  - https://kansalliskirjasto.finna.fi/Record/fikka.2232927
AB  - For much of its history, the interpretation of the United States Constitution presupposed judges seeking the meaning of the text and the original intentions behind that text, a process that was deemed by Chief Justice John Marshall to be 'the most sacred rule of interpretation'. Since the end of the nineteenth century, a radically new understanding has developed in which the moral intuition of the judges is allowed to supplant the Constitution's original meaning as the foundation of interpretation. The Founders' Constitution of fixed and permanent meaning has been replaced by the idea of a 'living' or evolving constitution. Gary L. McDowell refutes this new understanding, recovering the theoretical grounds of the original Constitution as understood by those who framed and ratified it. It was, he argues, the intention of the Founders that the judiciary must be bound by the original meaning of the Constitution when interpreting it.
SN  - 0521140919 paperback
SN  - 0521192897 hardback
SN  - 9780521140911 paperback
SN  - 9780521192897 hardback
KW  - Constitutional law : United States.
KW  - Constitutional law.
KW  - Law : United States : Language.
KW  - perustuslait
KW  - Yhdysvallat
ER  -