Constitutional Interpretation: Textual Meaning, Original Intent and Judicial Review

Constitutional Interpretation: Textual Meaning, Original Intent and Judicial Review

by Keith E. Whittington
     
 

This book carefully examines both the possibilities and the limitations of constitutional interpretation and judicial review. It shows us not only what the judiciary ought to do, but what the limits of appropriate judicial review are and how judicial review fits into a larger system of constitutional government. With its detailed and wide-ranging explorations in… See more details below

Overview

This book carefully examines both the possibilities and the limitations of constitutional interpretation and judicial review. It shows us not only what the judiciary ought to do, but what the limits of appropriate judicial review are and how judicial review fits into a larger system of constitutional government. With its detailed and wide-ranging explorations in history, philosophy, and law, this book is essential reading for anyone interested in how the Constitution ought to be interpreted and what it means to live under a constitutional government.

Editorial Reviews

Library Journal
Highly recommended for anyone interested in the foundations of American government and the judiciary.
Perspectives on Political Science
For those fascinated by the intricacies of contemporary legal theory, this book should prove nearly indispensable.
Review of Politics
Offers one of the best and most sophisticated arguments for originalism ever presented.
Library Journal - Library Journal
Constitutional theory and judicial interpretation are major ways to understand the U.S. Constitution and the U.S. Supreme Court's role in American society. Whittington (politics, Princeton) offers an innovative constitutional theory based upon originalism, a revised normative defense of original intent. As a means of constitutional interpretation, originalism limits government actions within the constitutional framework and extends constitutional meaning to current disputes. Supreme Court interpretation and construction of the Constitution are analytically distinguished as ways to achieve constitutional meaning. Whittington demonstrates how the Court's legal and political foundations led to its judicial review authority over other governmental branches. This carefully constructed study of how "constitutional interpretation can fit into a larger theory of constitutional practice and authority" is highly recommended for legal scholars, academics, and individuals interested in the foundations of American government and the judiciary.--Steven Puro, St. Louis Univ. Copyright 1999 Cahners Business Information.
Booknews
Finding constitutional scholarship to have degenerated into armed camps defending different theories of judicial review, Whittington (politics, Princeton U.) reconsiders the implications of the fundamental legal commitment to interpreting the US Constitution. He draws from American history, political philosophy, and literary theory to examine what it means to interpret a written constitution, and how the courts should go about the task. He argues that they should adhere to the discoverable intentions of the Founders. Annotation c. Book News, Inc., Portland, OR (booknews.com)

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Product Details

ISBN-13:
9780700609697
Publisher:
University Press of Kansas
Publication date:
08/15/1999
Pages:
320
Product dimensions:
6.56(w) x 9.62(h) x 1.17(d)

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