Philosophy of Constitutional Interpretation

Author: Xu Zhendong
Publisher:
Publish Date: 2006-09-01
Features: Based on an exploration of philosophical hermeneutics and legal hermeneutics, this book studies the philosophy of constitutional interpretation. The author delves into the history and schools of constitutional interpretation, offering his own insights. It is an academic monograph that provides theoretical research and philosophical analysis of the phenomenon of constitutional interpretation. It does not directly address specific case-related issues but rather offers methodological guidance for concrete constitutional interpretation practices. The book systematically and comprehensively examines the relationship between constitutional interpretation and philosophical hermeneutics, revealing the philosophical basis for the historical development of constitutional interpretation philosophy. It also studies and organizes various methodologies and hermeneutic ideas active in contemporary legal fields, such as anti-foundationalism, deconstructionism, new pragmatism, constructive interpretation theory, proceduralism, etc., and explores the possibility of constructing normative legitimacy for constitutional interpretation. Additionally, the book combines the normative characteristics of the constitutional text itself to systematically elaborate and reflect on the legitimacy of major constitutional interpretation methods such as originalism, sociological interpretation, and textual interpretation.