Theories of constitutional interpretation in the United States of America

The article substantiates the judgment that in relation to that in relation to the theories of constitutional interpretation in the United States, paradigms constructed according to the type of binary opposition (originalism –the concept of natural law), are clearly insufficient. Therefore, private legal theories, which are theories of constitutional interpretation of the United States, should take into account the basic principles and institutions, doctrines of the branch of Constitutional Law of the United States: the concept of a “living constitution”, the theory of judicial precedent, procedural aspects of Constitutional Law, structuralist theories.

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Publication Details

Journal
Gosudarstvo i pravo
Published
2024-10-27
DOI
https://doi.org/10.31857/s1026945224080183
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Theories of constitutional interpretation in the United States of America

L. G. Berlyavsky
Gosudarstvo i pravo
Judicial and Constitutional Studies
article

Theories of constitutional interpretation in the United States of America

L. G. Berlyavsky
article en

Abstract

The article substantiates the judgment that in relation to that in relation to the theories of constitutional interpretation in the United States, paradigms constructed according to the type of binary opposition (originalism –the concept of natural law), are clearly insufficient. Therefore, private legal theories, which are theories of constitutional interpretation of the United States, should take into account the basic principles and institutions, doctrines of the branch of Constitutional Law of the United States: the concept of a “living constitution”, the theory of judicial precedent, procedural aspects of Constitutional Law, structuralist theories.

Gosudarstvo i pravo(8)
Institute of Service and Entrepreneurship of DGTU (RU), Don State Technical University (RU), Rostov State University of Economics (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 65%
Judicial and Constitutional Studies
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