Jeffrey Goldsworthy

in Interpreting Constitutions

Published in print June 2007 | ISBN: 9780199226474
Published online January 2010 | e-ISBN: 9780191706707 | DOI:

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Much of the controversy surrounding constitutional interpretation concerns two issues. The first is a version of a conundrum that has perplexed lawyers for millennia: should the interpretation of a law he governed mainly by its ‘letter’, or by its ‘spirit’? The second issue is the extent to which the meaning of a constitution can, and should, be determined by the original intentions, purposes, or understandings of its founders. This issue pits so-called ‘non-originalists’ against ‘originalists’. This book explores the constitutions of six countries — Australia, Canada, Germany, India, South Africa, and the United States — and how they have been interpreted by their highest courts. It examines whether the courts' interpretive practices have changed over time, the apparent reasons for any changes, and whether the courts apply the same interpretive principles to different areas of constitutional law, such as federalism, separation of powers, and individual rights. The book then reflects on the institutional, political, social, and cultural contexts that might help to explain differences between the practices of these courts.

Keywords: constitutions; constitutional interpretation; Australia; Canada; Germany; India; South Africa; United States; courts; federalism

Chapter.  2733 words. 

Subjects: Comparative Law

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