Pregledni rad
https://doi.org/10.3935/zpfz.69.3.05
Interpretations of the ‘Living Constitution’ in the American Legal and Political Discourse. Selected Problems
Edyta Sokalska
orcid.org/0000-0003-0903-7726
; Fakultet prava i javne uprave, Warmia and Mazury University, Olsztyn, Poljska
Sažetak
The synoptic character of the American Constitution has created favorable conditions for varied interpretations that were hotbeds of controversy and conflicts. The explanation of the U.S. Constitution is a problem of constitutional theory, constitutional doctrine, constitutional history, as well as political theory. The proponents of constitutional interpretation labeled as the living constitution are of the opinion that the Constitution should be treated as a legal act with a dynamic meaning depending on the time of interpretation. Originalism is perceived as the main alternative to the living constitution interpretation. Contemporary American scholars emphasize that there is no dichotomy between the proponents of living constitutionalism and the supporters of originalism.
Ključne riječi
amendment; constitution; interpretation; law; originalism
Hrčak ID:
222630
URI
Datum izdavanja:
10.7.2019.
Posjeta: 2.890 *