|
Would you agree that Scalia would consider himself an adherent of the interpetivist school?
(I'm assuming you draw a distinction between constructionist and interpretivist, correct? I mean, both fall under the judicial restraint paradigm, but seperate schools of thought)
Judicial Restraint paradigm:
1) strict constructionist -- only concerned with the literal lettering of the law [what I think dksuddeth demonstrates in his various analyses)
2) interpretivist -- concerned with both the lettering of the law along with original intent (cf. Bork)
cf. Greenhouse for support for the importance/necessity of activist judges
__________________
"The theory of a free press is that truth will emerge from free discussion, not that it will be presented perfectly and instantly in any one account." -- Walter Lippmann
"You measure democracy by the freedom it gives its dissidents, not the freedom it gives its assimilated conformists." -- Abbie Hoffman
|