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文章基本信息

  • 标题:Some Thoughts on Utah Originalism: A Response
  • 本地全文:下载
  • 作者:Christiansen, Jeremy M.
  • 期刊名称:Utah OnLaw: The Utah Law Review Online Supplement
  • 出版年度:2014
  • 卷号:1
  • 期号:0
  • 语种:English
  • 出版社:Faculty of Education
  • 摘要:Scholars have spilt a lot of ink debating the merits of the interpretative philosophy known as “originalism.” According to this interpretive theory, generally speaking, the objective meaning of constitutional language at the time that language was ratified governs its application in subsequent cases. Although debates over the propriety of originalism generally revolve around its application to the United States Constitution, it is no surprise that the debate has begun to occupy the sphere of state constitutional law. Justice William Brennan’s famous call for state courts to enforce individual rights via state constitutions was largely the catalyst for this movement. Utah is no stranger to the debate.
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