Sara Pennicino

Theories on Constitutional Interpretation and Theories on the Constitution: the American Debate

  • Abstract

Informations and abstract

Keywords: Constitutional Interpretation, Theories on the Constitution

Most theories on constitutional interpretation aim at identifying some «deep essence» of the Constitution, which after being ignored, or betrayed, is finally revealed. Each scholar selects the values he/she believes should prevail in interpreting the Constitution and the objectives the constitutional system should pursue. However, the option that is made is not always clearly stated, but rather concealed behind the idea of discovering the true nature of the Constitution. In the light of this premise, the Author addresses the contemporary debate on constitutional interpretation in the United States. In conclusion, she argues that linking theories on constitutional interpretation to theories on the Constitution is not an exclusive of American scholarship. Indeed, evidence shows that this connection is often made in the Italian context too.

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