originalism
Sign in to saveupright=1.2|thumb|Scene at the Signing of the Constitution of the United States by [[Howard Chandler Christy]]
Wikidata facts
- Instance of
- jurisprudence
- Subclass of
- judicial interpretation
- Country
- United States
Show 2 more facts
- facet of
- judicial interpretation
- discoverer or inventor
- Robert Bork
via Wikidata · CC0
~14 min read
Encyclopedic overview
17 sectionsContents
- History
- Modern <!-- WIP -->
- Types
- Original intent
- Original public understanding
- Original law
- Debate
- Critics
- Related positions
- International law and originalism
- Strict constructionism
- Declarationism
- See also
- References
- References
- Further reading
- External links
upright=1.2|thumb|Scene at the Signing of the Constitution of the United States by [[Howard Chandler Christy]]
Originalism is a legal theory in the United States which bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Originalism consists of a family of different theories of constitutional interpretation and can refer to original intent or original meaning. Critics of originalism often turn to the competing concept of the Living Constitution, which asserts that a constitution should evolve and be interpreted based on the context of current times. Originalism should not be confused with strict constructionism or textualism.
Excerpted from Wikipedia’s “originalism” article, available under the CC BY-SA 4.0 licence.