Sentences with phrase «originalism claim»

Not exact matches

What about the claim that Scalia's originalism contradicts the legal thought of Thomas Aquinas?

Behind Scalia's «originalism» and «textualism,» they claim, lies a conservative political point of view.

In sum, originalism can not claim to be perfect, but it generally provides a more democratic and predictable legal framework that limits judicial policymaking.

Second, originalism can make no democratic claim in Canada, since the Constitution Act, 1867 was the work of «a group of white men, mostly Parliamentarians, concerned with the preservation of British institutions on Canadian soil», while «[t] he constitutional negotiations in 1982 were even less «democratic»».