Abstract
The question of WHO is the ultimate constitutional interpreter poses one of the fundamental problems with which a coherent constitutional theory must come to grips. Any answer will be closely connected to other basic theoretical interrogatives, such as WHAT is the constitution and HOW should it be interpreted. Three principal theories compete here: Judicial supremacy, legislative supremacy, and departmentalism. This paper suggests a sort of analysis that transforms the question of WHO from one that yields a universally applicable response into a more complex set of queries about degrees of deference one institution owes another under varying circumstances. What emerges is a modified version of departmentalism.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
