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The Hollow Core of Constitutional Theory by Donald L. Drakeman

The Hollow Core of Constitutional Theory

by Donald L. Drakeman
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Book cover type: Hardcover
  • ISBN13: 9781108485289
  • Binding: Hardcover
  • Subject: N/A
  • Publisher: Cambridge University Press
  • Publisher Imprint: Cambridge University Press
  • Publication Date:
  • Pages: 248
  • Original Price: GBP 99.0
  • Language: English
  • Edition: Reprint
  • Item Weight: 499 grams
  • BISAC Subject(s): Jurisprudence

The Hollow Core of Constitutional Theory is the first major defense of the central role of the Framers' intentions in constitutional interpretation to appear in years. This book starts with a reminder that, for virtually all of Western legal history, when judges interpreted legal texts, their goal was to identify the lawmaker's will. However, for the past fifty years, constitutional theory has increasingly shifted its focus away from the Framers. Contemporary constitutional theorists, who often disagree with each other about virtually everything else, have come to share the view that the Framers' understandings are unknowable and irrelevant. This book shows why constitutional interpretation needs to return to its historical core inquiry, which is a search for the Framers' intentions. Doing so is practically feasible, theoretically defensible, and equally important not only for discovering the original meaning, but also for deciding how to apply the Constitution today.

Drakeman, Donald L.: - Donald L. Drakeman is Distinguished Research Professor in the Program on Constitutional Studies at the University of Notre Dame, and a Fellow of the Centre for Health Leadership and Enterprise at the University of Cambridge. His works have been cited by the Supreme Courts of the United States and the Philippines. His books on the Constitution include Church, State, and Original Intent (Cambridge, 2009), a Choice Outstanding Academic Title.

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