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1.6: Selected Theories of Constitutional Interpretation

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  • This report will first examine the historical basis for theories of constitutional interpretation, and will consider two schools of originalism—“original intent” and “original meaning”—along with criticism of those schools. The report will then consider the role of judicial precedent and pragmatism in constitutional interpretation. Finally, the report will consider theories relating to the identification and justification of heightened constitutional protections for fundamental rights.


    Click on the link Constitutional Interpretation to download the report.