Securing the Rule of Law Through Interpretive Pluralism: An Argument From Comparative Law
Valparaiso University School of Law
August 13, 2009
Hastings Constitutional Law Quarterly, Vol. 35, p. 401, 2008
As the distinction between interpretation and politics diminishes, the need for pluralism in interpretation increases. The Article argues, first, that the rule of law requires that no one tribunal possess the power to subordinate a whole legal system to its politicized rule. The Article then uses comparative legal study to analyze plural or coordinate interpretive authority. A multiplicity of interpreters helps to prevent domination by any one legal ideology and to encourage reasoned dialogue about the meaning of law. Despite our sceptical age, courts and other public authorities are given an incentive to construct arguments convincingly moored to governing law.
Number of Pages in PDF File: 47
Keywords: Constitutional Law, Rule of Law, Constitutional Interpretation, Interpretation, Pluralism, Departmentalism, Popular Constitutionalism, Stare Decisis, Precedent, Separation of Powers, Checks and Balances
JEL Classification: B31,H11, H41, K00, K19, K40, O57, Z00, Z10Accepted Paper Series
Date posted: August 15, 2009
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