La interpretación constitucional y sus métodos en el sistema jurídico norteamericano, una interacción entre lo público y lo jurídico: Teorías y casos de estudio

Translated title of the contribution: Constitutional interpretation and its methods in the American legal system, an interaction between law and politics: theories and case law

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Abstract

Seeking to provide a contribution to the study of the methods of interpretation that apply in the constitutional systems from which we have imported and transplanted institutions to the world of civil law in Latin America, this article seeks to provide, in presence of the scarce literature in Spanish about this topic, an introductory study of the methods of constitutional interpretation in
the American legal system, especially originalism, non-originalism and living constitutionalism: developing their relationship with the notions of case-law and precedent, explaining the different legal and political implications of such methods, its historical foundations, its legal nature, their specific procedures, and their impact in the rulings and the activity of the Supreme Court. The
paper first presents a theoretical description of the methods from the perspective of the American constitutional theory, and then develops its practical application through the case of District of Columbia vs. Heller Supreme Court of the United States.
Translated title of the contributionConstitutional interpretation and its methods in the American legal system, an interaction between law and politics: theories and case law
Original languageSpanish (Colombia)
Pages (from-to)393-430
Number of pages37
JournalIus et Praxis
Volume24
Issue number2
StatePublished - Dec 12 2018

Concepts

  • Concept
  • Constitutional interpretation
  • Living constitucionalism
  • American legal system

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