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Does American jurisprudence have any rules of interpretation of Constitution?

Dr Anna Tomza

University of Łódź

English abstract: The most discussed issue in the theory of law is the problem of its interpretation, and main question in this topic is – how to make a proper interpretation? The American common-law, opposite the European theory of law, seems not to have general rules of interpretation, but only the idea of proper interpretation. Also the methodology of statutory interpretation is some kind of the judge-made law. As Henry M. Hart said „The hard truth of the matter is that American courts have no intelligible, generally accepted, and consistently applied theory of statutory interpretation”. According to this, currently the question focuses on finding the generally rules of interpretation, which should be some kind of canons of the statutory interpretation. This article tries to give the answer to the question: „if American jurisprudence has any rules of interpretation of law?”.

Keywords: American jurisprudence, legal interpretation, rules of interpretation, Constitution

Language: Polish

Published: Number 2(9)/2014, pp. 125-133

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Filed Under: Articles Tagged With: American jurisprudence, Constitution, legal interpretation, rules of interpretation

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Keywords

operative legal interpretation Scott J. Shapiro cognitive bias sources of law Andrzej Grabowski collective memory the triad of causes Ofer Raban constitutionalization of international law awareness of self constitutional interpretation rational model dissenting opinion freedom of the ancient and modern consumer protection political theory subject the triad of consequences state without a name dealing with the past medicine judicial discretion essentially contested concepts modernity conceptual metaphor existentialism Michel Foucault legislative history law & economics monocentrism juriscentrism coherence Agnieszka Bielska-Brodziak Agamben John M. Finnis law and ideology justification of interpretive claim religious monism The Separation Thesis war on terror Wojciech Ciszewski law and language theoretical disagreement professional competence Marcin Matczak Aristotle theory of legislation ethics Adam Dyrda radical Enlightenment

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