Indonesia Constitutional Court Constitutional Interpretation Methodology (2003-2008)

The Warren Court : Constitutional Decision

The appointment in 1953 of Earl Warren as Chief Justice of the United States marked the beginning of a new era in the development of constitutional law. In the ensuing years changes of vast dimension and historic impact have taken place. Few men are better qualified to assess the significance of the decisions of the Warren Court than Archibald Cox, student of law, teacher of law and, from 1961 ...

Theories of Constitutional Interpretation

Selected Theories of Constitutional Interpretation

The United States Constitution, as amended, is a complex legal document which sets out the structure of the federal government, the legal authorities of that government (and, to a lesser extent, state governments), and, finally, a series of legal disabilities on the exercise of those authorities (such as protections for individual rights). The document also addresses the complicated legal relat...

Contempoary Perspectives on Constitutional Interpretation *683 AUTONOMY'S MAGIC WAND: ABORTION AND CONSTITUTIONAL INTERPRETATION

Constitutional law changes, even though the Constitution remains the same. American abortion law aptly illustrates this point. Although the text of the Fourteenth Amendment has remained constant since the United States Supreme Court decided Roe v. Wade [FN1] in 1973, the Court has altered its position on the constitutionality of restrictive abortion statutes. According to Roe, the Due Process C...

Constitutional Theory, Constitutional Culture

Constitutional theorists and other constitutional commentators make heavy use of a paradigm that mistakes certain aspects of our current constitutional decisionmaking process for inherent parts of our constitutional structure and ignores other important aspects of that process entirely. These distortions and elisions raise concerns about the accuracy of much descriptive constitutional commentar...