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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Methods of Interpretation: How the Supreme Court Reads the Constitution


ISBN13: 9780195377118
Published: April 2009
Publisher: Oxford University Press
Country of Publication: USA
Format: Hardback
Price: £62.00



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This book examines the various methodologies the Supreme Court, and individual justices, have employed throughout history when interpreting the Constitution. Rather than attempting to set forth an overall theory of constitutional interpretation or plunge into the never ending scholarly debate over interpretative theory, Lackland H. Bloom focuses exclusively on what the Court and individual justices have done and said about constitutional interpretation in the course of deciding constitutional cases.

He identifies many of the best, and a few of the worst, examples of particular interpretative methodologies, as well as the best examples of explicit discussions of constitutional interpretation by the Court and individual justices.

Professor Bloom pays particular focus on the Supreme Court's approaches to constitutional interpretation since it is the Court that sets the standards. Although commentators may have the final word on what constitutional interpretation should be, he argues that the Court essentially has the final word on what it actually is.