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

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

Open Access
|Mar 2023

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”.

Language: English
Page range: 130 - 145
Published on: Mar 1, 2023
Published by: Lazarski University
In partnership with: Paradigm Publishing Services
Publication frequency: 4 issues per year

© 2023 Dobrochna Minich, published by Lazarski University
This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License.