Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 7 of 7
Full-Text Articles in Public Law and Legal Theory
Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal
Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal
Connecticut Public Interest Law Journal
No abstract provided.
Original Intention And Public Meaning In Constitutional Interpretation, Richard Kay
Original Intention And Public Meaning In Constitutional Interpretation, Richard Kay
Faculty Articles and Papers
In recent years academic explanations of the originalist approach to constitutional interpretation have shifted the relevant inquiry from the subjective intent of the constitution-makers to the original public meaning of the Constitution's words. This article is a critical analysis of that development. In the actual course of adjudication by honest and competent judges either method should usually yield the same result. The reliance on public meaning, however, distracts the interpreter from the connection between the normative force of the Constitution and the founding events, a link that is essential to the legitimacy of constitutional judicial review. In the hands of …
"Originalist" Values And Constitutional Interpretation, Richard Kay
"Originalist" Values And Constitutional Interpretation, Richard Kay
Faculty Articles and Papers
No abstract provided.
On Conduits And Voices, Thomas Morawetz
On Conduits And Voices, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
The State Action Doctrine, The Public- Private Distinction, And The Independence Of Constitutional Law, Richard Kay
The State Action Doctrine, The Public- Private Distinction, And The Independence Of Constitutional Law, Richard Kay
Faculty Articles and Papers
No abstract provided.
Comparative Constitutional Fundamentals, Richard Kay
Comparative Constitutional Fundamentals, Richard Kay
Faculty Articles and Papers
No abstract provided.
Original Intentions, Standard Meanings And The Legal Character Of The Constitution, Richard Kay
Original Intentions, Standard Meanings And The Legal Character Of The Constitution, Richard Kay
Faculty Articles and Papers
No abstract provided.