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Comparative Originalism

By October 7, 2010November 1st, 2024Developments

Thank you to Tom for noting my book review! I did want to add one thing: The issue of how the courts of other countries interpret their constitutions is relatively understudied. There is a good book with single-country studies from 2007 edited by Jeffrey Goldsworthy (Monash University, Australia).

I have a reply forthcoming in the Texas Law Review to an article on originalism in comparative perspective written by Jamal Greene. Professor Greene’s very interesting article talks about originalism in a few different countries. In my reply–which I hope to expand into an article in the near future–I note that there are actually other countries where originalism is a topic of discussion and a source of constitutional meaning. As the reply (and the article) discuss, it tends to be the constitutions where the constitution is part of a nation-creating revolution–and so where the drafters of the Constitution have a special status because they are not just constitution drafters but nation-creators. This means that many post-colonial constitutional systems–like the United States–feature discussions of originalism.

–DF

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