Constitutional Interpretation (Textual Meaning, Original Intent, and Judicial Review)

Author: Jiang Ming'an
Publisher:
Publication Date: 2006-12-01
Features: Originalism and non-originalism are the two major camps in American constitutional interpretation theory. Although contemporary American constitutional theory is dominated by non-originalism, originalism is not without its own theoretical camp. This book is a comprehensive defense of originalism, considered by the American academic community as a refined, powerful, and meticulous argument. The fundamental stance of the book is that the interpretation of the Constitution should be based on the intent of the framers. Because the written nature of the U.S. Constitution necessitates that it be interpreted according to the framers' original intent, originalism also aligns with the requirements of the theory of popular sovereignty. For the U.S. Constitution, it is particularly important that only the originalism theory can grant the judiciary the authority to veto legislative and executive actions. The book strongly responds to critics of originalism theory, especially to various theories of textual uncertainty. The author argues that legal texts, like other written works, carry the intent of the author. A text without the author's intent is meaningless. Although the author acknowledges that the theory of textual uncertainty has its merits, the uncertainty theory rooted in literary theory is not entirely suitable for constitutional interpretation because constitutional texts are not literary works. The book also explores the boundaries of constitutional interpretation. The author makes a meticulous distinction between constitutional interpretation and constitutional hermeneutics, arguing that the judiciary's interpretation of the Constitution has specific limits because other political branches also interpret the Constitution through their actions. The author believes that the boundary of constitutional interpretation is the beginning of constitutional hermeneutics theory. Constitutional interpretation theory must be supplemented by constitutional hermeneutics theory.