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RUDN Journal of Law
Article . 2017 . Peer-reviewed
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RUDN Journal of Law
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RUDN Journal of Law
Article . 2017
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Theory of Constitutional Interpretation in Activity of U.S. Supreme Court

Концепция «интерпретивизма» в деятельности Верховного суда США
Authors: Vladimir N Safonov;

Theory of Constitutional Interpretation in Activity of U.S. Supreme Court

Abstract

Trying situation in U.S law system characterized of searching responsibility of U.S. Supreme Court for modern signs of crisis. The role of interpretation strengthening continuously and are research’s object. The value of this theme is in investigation of U.S. Supreme Court judicial review too. In this article author are considered interpretation as a function but not official power in accordance with text of U.S. Constitution. Practice and court opinions also investigated. Author of this article researches normative basis for interpretation: constitutional principles and other constitutional text, with amendments, constitutional precedents, and sources out of law (moral, policy, economic etc.) In the 20-th century interpretation function always provided development of American law and accommodation to new social and economic conditions too as first method. Now “extualism” and “originalism” and “judicial restraints” as main interpretivism conceptions dominated amidst of current Justices as new method. On the one side the contradiction between the two methods is danger of stability American law. On the other side two different views to interpretation is permanent long-term attribute. To speak more generally and in accordance the author’s opinion to review and change the results of historic interpretation is impossible.

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Keywords

методы конституционной интерпретации, судебное правотворчество, судейское самоограничение, текстуализм, интерпретивизм, судебный активизм, K, доктрина прецедента, Law

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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