Sentences with phrase «reject originalism»

In a nutshell, the first paper argues that, once we take stock of the developments in originalist thought (especially in the United States) over the last 30 years — which too many Canadians who reject originalism out of hand have not done — we realize that the answer to its title question is «no».

Those who reject originalism as a judicial philosophy generally say that the Constitution is a «living document» which changes in meaning as society changes.

Not exact matches

Maltz's critique of Brown is a masterly essay on originalism that endorses the result in the case but properly rejects the reasoning as unmoored in the original understanding of the Fourteenth Amendment.

If Brown can not be justified on originalist grounds, some scholars contend, then originalism should be rejected, because Brown is a seminal case whose outcome has overwhelming support in our society — both legally and morally.

My impression, though, is that the «originalism» that most users of the «living tree» metaphor reject is a caricature.

So it is hard to know if they would reject compatibilism if they understood originalism the way Solum explains it.

22 and 23, 2005 SCC 56, [2005] 2 SCR 669, in support of the proposition that living constitutionalism is the dominant approach to interpretation in Canada, while originalism has been rejected.