An Introduction to the Constitutional Principles of American Government

Decent Essays
02-03-2009 Tatyana Kurtiyakova

It is common knowledge that without general rules any game will turn to chaos and disorder when everyone will behave as wishes to achieve a victory in what way soever. The most powerful “rules of the game” is the Constitution and the most important thing is to construe it correctly. More than 200 years the US Constitution remains the organic law of successfully developing state, which territory and population have increased many times over, and the political and economic life has changed radically. In the context of United States constitutional interpretation, invariability, political stability and
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I’m going to discuss two theoretical doctrines of interpretation’s limits, which are based on specific methods of “original intent” and “living document” constitutional interpretation. The first of them, original intent, maintains that in interpreting a text, a court should determine what the authors of the text were trying to achieve, and to give effect to what they intended the statute to accomplish, the actual text of the legislation notwithstanding. Obviously, the defined method of explanation is undoubtedly good, as allows answering not only on a question, what sense has been enclosed in the given norm but also to what the legislator really aspired, accepting it. In this case work of the lawyer, the judge should remind work of the professional-restorer which by the most careful studying of the source, analogues, an epoch, time, techniques of the letter etc. restores the original. For all that I can’t agree with this idea because there can be the situation when the judge is beyond the maintenance of the source text and gives his own view of the legislator’s intentions. It goes without saying, explanation does not bring and cannot bring additions and changes in effective law standards. It urged only to explain and specify what is formulated in a norm, to open a legal will of the legislator. Naturally, standard interpretation cannot be found out in a separation from surrounding conditions, but it should not mean at all, that during the
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