ORIGINALISM VERSUS LIVING CONSTITUTIONALISM: THE CONCEPTUAL STRUCTURE OF THE GREAT DEBATE

The great debate between originalism and living constitutionalism ought to focus on the merits, including normative arguments for and against various forms of each theory. Frequently, however, discussion turns to disputes about definitions and concepts. This Essay investigates the conceptual structu...

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Bibliographic Details
Published in:Northwestern University law review 2019-01, Vol.113 (6), p.1243-1296
Main Author: Solum, Lawrence B
Format: Article
Language:English
Subjects:
Constitutional law
Debates
Disputes
Legal studies
Provisions
Online Access:Get full text
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Summary:The great debate between originalism and living constitutionalism ought to focus on the merits, including normative arguments for and against various forms of each theory. Frequently, however, discussion turns to disputes about definitions and concepts. This Essay investigates the conceptual structure of the great debate. It lays out a variety of issues that arise when theorists attempt to define "originalism" and "living constitutionalism" and proposes criteria for settling definitional disputes.
ISSN:0029-3571