Securing the Rule of Law Through Interpretive Pluralism: An Argument From Comparative Law

Abstract:     
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, Z10

Accepted Paper Series