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3 - On Pluralism within Originalism

from Part One - Exposition and Defense

Published online by Cambridge University Press:  07 October 2011

Grant Huscroft
Affiliation:
University of Western Ontario
Bradley W. Miller
Affiliation:
University of Western Ontario
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Summary

A lot of thought and debate goes into the drafting of a constitution. Fundamental interests of society are affected by the choices made about constitutional design and constitutional language. Political opportunities are created or foreclosed by constitutional choices. Values, interests, and groups are recognized, valorized, neglected, or worse. Whether the process of creating a constitution is relatively open and participatory or relatively closed and elitist, the stakes are high and the process of constitution making is a deliberate one.

But after constitutions are drafted, they must be put into practice. No matter how carefully and thoughtfully crafted at their origins, constitutions must still be interpreted and implemented over time to remain effective and relevant. Disputes over constitutional meaning quickly arise under every constitution, and new problems emerge that challenge the ingenuity of those who seek to adhere to pre-existing constitutional commitments and to operate within an established constitutional framework. The constitutional project does not end with a moment of founding. A successful constitutional enterprise requires ongoing efforts at constitutional maintenance, and sometimes significant revision.

Type
Chapter
Information
The Challenge of Originalism
Theories of Constitutional Interpretation
, pp. 70 - 86
Publisher: Cambridge University Press
Print publication year: 2011

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References

O’Neill, Johnathan G. 1992
Barnett, Randy 2005
2007
Whittington, Keith E. 1999
Whittington, Keith E. 2000
2002
Shapiro, IanAdams, Robert 1998
2009
2008
Whittington, Keith E. 1999
Bobbitt, Philip 1982
Murphy, Walter F. 2003
Bobbitt, Philip 1991
Scalia, AntoninGutmann, Amy 1997
Griffin, Stephen M. 1998
Post, Robert 1991
Waluchow, W.J. 2006
Dworkin, Ronald 1997

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