<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>In this paper, I analyse problem of interpretation of the Constitution in American doctrine. Starting point is the distinction between the concept of Originalism and Living Constitution. The author briefly presents the main assumptions of both concepts. On that background examines the concept by Jack M. Balkin. He described it as Living Originalism. Balkin in his theory combines the best of traditional Originalism and concept of Living Constitution. He combined Dworkin’s “moral reading” of the Constitution with traditional Originalism. For Balkin, Originalism is seen as a initial framework for governance (framework originalism). From Ronald Dworkin, he adopted a distinction between legal rules and legal principles, and the argument that principles express values. Balkin described his concept of Originalism as “method of text and principle”.</p>
</abstract>

In this paper, I analyse problem of interpretation of the Constitution in American doctrine. Starting point is the distinction between the concept of Originalism and Living Constitution. The author briefly presents the main assumptions of both concepts. On that background examines the concept by Jack M. Balkin. He described it as Living Originalism. Balkin in his theory combines the best of traditional Originalism and concept of Living Constitution. He combined Dworkin’s “moral reading” of the Constitution with traditional Originalism. For Balkin, Originalism is seen as a initial framework for governance (framework originalism). From Ronald Dworkin, he adopted a distinction between legal rules and legal principles, and the argument that principles express values. Balkin described his concept of Originalism as “method of text and principle”.

Between <italic>Originalism</italic> and <italic>Living Constitution</italic> – Jack M. Balkin Concept of Interpretation of the Constitution

Ius Novum

This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Between  and  – Jack M. Balkin Concept of Interpretation of the Constitution

In this paper, I analyse problem of interpretation of the Constitution in American doctrine. Starting point is the distinction between the concept of...

Between Originalism and Living Constitution – Jack M. Balkin Concept of Interpretation of the Constitution

Online veröffentlicht: 01. März 2023

Seitenbereich: 130 - 145

DOI: https://doi.org/10.26399/iusnovum.v16.3.2022.30-d.minich

Schlüsselwörter
interpretation, constitution, Originalism, Living Constitution, Living Originalism

© 2022 Lazarski University, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Between Originalism and Living Constitution – Jack M. Balkin Concept of Interpretation of the Constitution

Online veröffentlicht: 01. März 2023

Seitenbereich: 130 - 145

DOI: https://doi.org/10.26399/iusnovum.v16.3.2022.30-d.minich

Schlüsselwörterinterpretation, constitution, Originalism, Living Constitution, Living Originalism

© 2022 Lazarski University, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Schlüsselwörter
interpretation, constitution, Originalism, Living Constitution, Living Originalism