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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Living Originalism

ISBN13: 9780674416925
Published: September 2014
Publisher: Belknap Press
Country of Publication: USA
Format: Paperback
Price: £16.95

Despatched in 6 to 8 days.

Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction.

By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.

Other Jurisdictions , USA
I. Fidelity
1. Fidelity to Text and Principle
2. Framework Originalism
3. Why Original Meaning?
4. Basic Law, Higher Law, Our Law
5. Constitutional Faith and Constitutional Redemption
6. Originalisms
7. Precedents and Pragmatic Exceptions

II. Construction
8. A Platform for Persuasion
9. Commerce
10. Privileges or Immunities
11. Equality before the Law
12. Texts and Principles

III. Change
13. Rethinking Living Constitutionalism
14. Change and Legitimacy