TITLE

ORIGINALISM, CONSERVATISM, AND JUDICIAL RESTRAINT

AUTHOR(S)
STRAUSS, DAVID A.
PUB. DATE
January 2011
SOURCE
Harvard Journal of Law & Public Policy;Winter2011, Vol. 34 Issue 1, p137
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article reports on the concepts of originalism, conservatism and judicial restraint, their relevance and problems of adaptation, in light of the economic, demographic and social changes in the 21st century. Construction, that is dependent on precedent and policy, is presented as the solution that is not available using originalist materials. The author asserts that judicial restraint narrows the possible outcomes while originalism gets rid of accepted understandings which are against conservative beliefs.
ACCESSION #
58113043

 

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