originalism
originalism. Constitutional law. The theory that the U.S. Constitution should be interpreted according to the intent of those who drafted and adopted it. Cf. INTERPRETIVISM; NONINTERPRETIVISM.
Search Results for: ORIGINALISM
noninterpretivism
noninterpretivism, n. In constitutional interpretation, the doctrine holding that judges are not confined to the Constitution’s text or preratification history but may instead look to evolving social norms and values as the basis for constitutional judgments. Cf. INTERPRETIVISM; ORIGINALISM. — noninterpretivist, n.
interpretivism
interpretivism. A doctrine of constitutional interpretation holding that judges must follow norms or values expressly stated or implied in the language of the Constitution. Cf. NONINTERPRETIVISM; ORIGINALISM. “A long-standing dispute in constitutional theory has gone under different names at different times, but today’s terminology seems as helpful as any. Today we are likely to call