Originalism and Non-Originalism as Legal Hermeneutics
One of the hermeneutic elements that are decisive in the development of legislative acts and judicial decisions is the interpretation of the Constitution, the pillar of the legal system. In the United States, the debate on the interpretation of the Constitution by the Supreme Court has become a clas...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
University of Bologna
2025-01-01
|
| Series: | University of Bologna Law Review |
| Subjects: | |
| Online Access: | https://bolognalawreview.unibo.it/article/view/19317 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1832576171253956608 |
|---|---|
| author | Manuel Lázaro Pulido |
| author_facet | Manuel Lázaro Pulido |
| author_sort | Manuel Lázaro Pulido |
| collection | DOAJ |
| description | One of the hermeneutic elements that are decisive in the development of legislative acts and judicial decisions is the interpretation of the Constitution, the pillar of the legal system. In the United States, the debate on the interpretation of the Constitution by the Supreme Court has become a classic of constitutional law and, therefore, affects reflection on legal hermeneutics. This paper examines originalist and non-originalist approaches to constitutional interpretation and explores how political positions shape hermeneutic analysis, even in continental European legal systems, and specifically in the Spanish one. |
| format | Article |
| id | doaj-art-fa8489213afb42c9aaa78f5904a1747d |
| institution | Kabale University |
| issn | 2531-6133 |
| language | English |
| publishDate | 2025-01-01 |
| publisher | University of Bologna |
| record_format | Article |
| series | University of Bologna Law Review |
| spelling | doaj-art-fa8489213afb42c9aaa78f5904a1747d2025-01-31T10:41:55ZengUniversity of BolognaUniversity of Bologna Law Review2531-61332025-01-0192173610.6092/issn.2531-6133/1931717682Originalism and Non-Originalism as Legal HermeneuticsManuel Lázaro Pulido0https://orcid.org/0000-0002-0064-5293International University of La RiojaOne of the hermeneutic elements that are decisive in the development of legislative acts and judicial decisions is the interpretation of the Constitution, the pillar of the legal system. In the United States, the debate on the interpretation of the Constitution by the Supreme Court has become a classic of constitutional law and, therefore, affects reflection on legal hermeneutics. This paper examines originalist and non-originalist approaches to constitutional interpretation and explores how political positions shape hermeneutic analysis, even in continental European legal systems, and specifically in the Spanish one.https://bolognalawreview.unibo.it/article/view/19317legal hermeneuticsoriginalismnon-originalismamerican constitutionalismconstitutional interpretation |
| spellingShingle | Manuel Lázaro Pulido Originalism and Non-Originalism as Legal Hermeneutics University of Bologna Law Review legal hermeneutics originalism non-originalism american constitutionalism constitutional interpretation |
| title | Originalism and Non-Originalism as Legal Hermeneutics |
| title_full | Originalism and Non-Originalism as Legal Hermeneutics |
| title_fullStr | Originalism and Non-Originalism as Legal Hermeneutics |
| title_full_unstemmed | Originalism and Non-Originalism as Legal Hermeneutics |
| title_short | Originalism and Non-Originalism as Legal Hermeneutics |
| title_sort | originalism and non originalism as legal hermeneutics |
| topic | legal hermeneutics originalism non-originalism american constitutionalism constitutional interpretation |
| url | https://bolognalawreview.unibo.it/article/view/19317 |
| work_keys_str_mv | AT manuellazaropulido originalismandnonoriginalismaslegalhermeneutics |