To Construe a Constitution: Constitutional Pluralism

The article explores the methodology of constitutional interpretation proposed by constitutional pluralism as one of the forms of ‘living’ constitutionalism. The article analyzes the main arguments of constitutional pluralism, then goes on to examine the conceptual structure of the debate between ‘living’ constitutionalism and originalism, and proceeds to investigate the importance of the two approaches to constitutional interpretation for Lithuanian legal scholarship. The article does not propose to choose one or the other theory to be adopted to construe the meaning of the Lithuanian Constitution. The article supports the idea of creating new theories of constitutional interpretation, theories that would combine the main elements of the two approaches to constitutional interpretation.

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Publication Details

Journal
Teisė
Published
2024-09-16
DOI
https://doi.org/10.15388/teise.2024.132.5
Primary Topic
Comparative constitutional jurisprudence studies
Type
article
Field-Weighted Citation Impact
0.00
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article

To Construe a Constitution: Constitutional Pluralism

Miranda Borusevičiūtė
Teisė
Comparative constitutional jurisprudence studies
article

To Construe a Constitution: Constitutional Pluralism

Miranda Borusevičiūtė
article en

Abstract

The article explores the methodology of constitutional interpretation proposed by constitutional pluralism as one of the forms of ‘living’ constitutionalism. The article analyzes the main arguments of constitutional pluralism, then goes on to examine the conceptual structure of the debate between ‘living’ constitutionalism and originalism, and proceeds to investigate the importance of the two approaches to constitutional interpretation for Lithuanian legal scholarship. The article does not propose to choose one or the other theory to be adopted to construe the meaning of the Lithuanian Constitution. The article supports the idea of creating new theories of constitutional interpretation, theories that would combine the main elements of the two approaches to constitutional interpretation.

TeisėVol. 132
Vilnius University (LT)
Openalex Percentile: Top 75%
Comparative constitutional jurisprudence studies
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