THE NECESSITY FOR A LIVING CONSTITUTIONALIST CONSTITUTION: THE PERKS FOR THE SOVEREIGN
RRSS 2016 No.10 - Romanian Review of Social Sciences
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Authors:
• Stafie Alexandru -
Keywords: Law, Constitution, interpretation, living constitutionalism, originalism, Sovereignty
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Abstract:
This essay will attempt to retrace the steps towards the construction of a Constitution and its impact on its subjects when interpreted in a manner or another. More specifically, I will be concerned with the roots and the authority of law, for start. Having set some parameters for the discussion, I will then proceed to identify the theoretical role, traits and scope of a Constitution, as derived from a conception of law. Then I will try to narrow the scope of the discussion by referring to Ralws’ view on Constitutions as a political act, only to show that, in the end, a certain view of the interpretation of the Constitution can do justice to its fundamental purpose, the respect for the Sovereign’s (people) will.