[Get Solution]Constitutional Interpretation

you need to complete at least two responses “the “Final Posts”) of at least 200 words each to classmates by the dates shown in the course schedule.Q1/ In my opinion, constitutions, in short, are frameworks for making politics possible. The text of a written constitution contains different kinds of legal norms that create the basic framework. These norms include rules, standards and principles. Rules and standards exist along a continuum. Rules are norms that don’t require very much practical reasoning to apply.Like standards, principles may also have abstract and vague terms; the difference is that when principles apply to a situation, they do not always apply conclusively, but may be balanced against other considerations.A constitution contains a mixture of these different kinds of norms. They serve different functions. For some purposes, rules are better than standards or principles. Otherwise presidents would tempted to try to stay in power forever, and this might undermine democracy. But some constitutional goals cannot easily be achieved through rules. That is why human rights provisions in constitutions are usually expressed in terms of standards and principles. These are open-ended, abstract, or vague terms that necessarily require construction and implementation by later participants in the system.Constitutions use rules, standards, and principles and to channel and police government action, to establish rules of succession to power, to create institutions that perform government functions, to divide powers among different actors and branches, and to set institutions in competition with each other in order to diffuse and check concentrations of power. Because constitutions not only use rules but also standards and principles – and because they are sometimes silent on certain questions – they are elaborate systems of constraint and delegation to the future.I believe that we must be faithful to the original meaning in the sense of the original semantic and communicative content of the words. But it does not follow that we must apply the constitution’s words in the same way that they would have been applied by the people who wrote them. Thus, the Fourteenth Amendment to the U.S. Constitution guarantees equal protection of the laws. These words have pretty much the same semantic meaning as they did in 1868. But the people who wrote them did not expect that the words would require modern notions of sex equality. In applying the Equal Protection Clause today, we are bound only by the original meanings of the words – which in this case is the same as the contemporary meaning – and not the original expected application.Because a constitution is a framework, it must be built out over time, and different generations must participate in that project. As each generation gets involved, change inevitably occurs. Moreover, many different people and groups in society participate in the construction of the constitution– not only judges and lawyers, or politicians, but also members of civil society and ordinary individuals.These groups participate in official ways: for example, by creating laws and judicial doctrines. They also participate in unofficial ways: for example, through social influence, political organization, and cultural change. To understand constitutional development, we must take account of both the official and the unofficial contributions to constitutional construction.Q2:Anyone approaching the topic of constitutional interpretation inevitably encounters the question of whether it has some specific trait that distinguishes it from other objects or forms of legal interpretation. Whatever the theory of legal interpretation to which one adheres, whether one regards it as a function of knowledge or as a function of the will, one necessarily presupposes that the constitutional interpretation is a species of the genus “ legal interpretation ”and one seeks to distinguish it from other species of the same genus, the interpretation of laws, that of international treaties, administrative acts, or contracts of private law. But, if the question is always the same, the type of answer one gives depends in part on the theory of interpretation on which one relies.Thus, those who believe that interpretation is a function of knowledge are obviously tempted to seek the specificity of constitutional interpretation in the specificity of its object. As the constitution is not a text like any other, constitutional interpretation is different from the interpretation of laws or treaties. In this regard, theorists who adhere to an intermediate or mixed theory agree with the proponents of interpretation-knowledge theory. According to the intermediate theory, in fact, interpretation is an act of will by which the authentic interpreter chooses within a frame among several possible meanings, while the determination of the frame would result from an act of knowledge.Americans constitutional theory presents an opposition between, on the one hand, the arguments in favor of a living constitution capable of adapting to change, and, on the other, the demand to restore the original meaning of the constitution. these two positions stem from a common observation: the recognition of the disappearance of the world which produced the old constitution. This experience of constitutional modernity gives rise to equal and opposite tendencies: the need to cling to the past, its symbols, and its concrete manifestations on the one hand and, on the other hand, the need to transcend the past through adaptation pragmatic to a world that is no longer the same.

 

Struggling to find relevant content or pressed for time? – Don’t worry, we have a team of professionals to help you on
[Get Solution]Constitutional Interpretation
Get a 15% Discount on this Paper
Order Now

 

 

 

So much stress and so little time? We’ve got you covered. Get your paper proofread, edited or written from scratch within the tight deadline.

Calculate the price
Make an order in advance and get the best price
Pages (550 words)
$0.00
*Price with a welcome 15% discount applied.
Pro tip: If you want to save more money and pay the lowest price, you need to set a more extended deadline.
We know how difficult it is to be a student these days. That's why our prices are one of the most affordable on the market, and there are no hidden fees.

Instead, we offer bonuses, discounts, and free services to make your experience outstanding.
Sign up, place your order, and leave the rest to our professional paper writers in less than 2 minutes.
step 1
Upload assignment instructions
Fill out the order form and provide paper details. You can even attach screenshots or add additional instructions later. If something is not clear or missing, the writer will contact you for clarification.
s
Get personalized services with MyCoursebay
One writer for all your papers
You can select one writer for all your papers. This option enhances the consistency in the quality of your assignments. Select your preferred writer from the list of writers who have handledf your previous assignments
Same paper from different writers
Are you ordering the same assignment for a friend? You can get the same paper from different writers. The goal is to produce 100% unique and original papers
Copy of sources used
Our homework writers will provide you with copies of sources used on your request. Just add the option when plaing your order
What our partners say about us
We appreciate every review and are always looking for ways to grow. See what other students think about our do my paper service.
ENG 099
Excellent Paper. The only 100 in the class.
Customer 452775, July 19th, 2022
Social Work and Human Services
Excellent! Done earlier than needed and with more sources than needed! Great work!
Customer 452485, August 22nd, 2021
Social Work and Human Services
Excellent Work!
Customer 452587, September 16th, 2021
Other
OK
Customer 452813, July 3rd, 2022
Other
AWESOME
Customer 452813, June 20th, 2022
Education
Thank you so much for all the help, I really appreciate it!
Customer 452631, November 3rd, 2021
Nursing
Looks good. Thank you!!
Customer 452525, April 27th, 2022
Criminal Justice
Looks good! Thank you Jason
Customer 452711, January 25th, 2022
English 101
Although a little late, the content and structure of the paper was great! I would definitely use this writer again!
Customer 452561, July 12th, 2021
Social Work and Human Services
Thank You! Great Work!
Customer 452587, September 14th, 2021
Nursing
Thank you!
Customer 452707, June 29th, 2022
Criminal law
Thank You!
Customer 452465, January 29th, 2021
OUR GIFT TO YOU
15% OFF your first order
Use a coupon FIRST15 and enjoy expert help with any task at the most affordable price.
Claim my 15% OFF Order in Chat

Get top-notch homework help now. 20% off first 10 orders!

NEW

Thank you for choosing MyCoursebay. Your presence is a motivation to us. All papers are written from scratch. Plagiarism is not tolerated. Order now for a 15% discount

Order Now