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Vol 21 No 9 Sept/Oct 2016

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Constitutional Interpretation

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ISBN13: 9780631164845
ISBN: 0631164847
Published: December 1991
Publisher: Wiley-Blackwell
Country of Publication: UK
Format: Hardback
Price: Out of print

Constitutional interpretation is an issue which has come under considerable scrutiny in the USA, in the light of such happenings as the nomination of Robert Bork for the Supreme Court, and the Iran-Contra affair. This book is intended as an overview of the debate on constitutional interpretation, and employs historical, textual, doctrinal, prudential, ethical and structural methods of criticism. It also tries to show how constitutional issues are addressed by different people, such as the President, Members of Congress and students of political science.

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Other Jurisdictions , USA
Part 1 Constitutional interpretation in the United States:
the written constitution
the problem of legitimacy
the modalities of the constitutional argument
the usefulness of this appproach
the problem of indeterminacy.

Part 2 How to analyze a constitutional case:
the case method
Missouri v. Holland
the Iran-Contra affair
the nomination of Robert Bork.

Part 3 Legitimacy and justification:
how can the American system of interpretation be just
proposals to correct the system
why it was thought such proposals were neccessary
how the proposals were harmful to the system
how the American system can be defended as just
the role of ideal systems
the role of moral decision.