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The participant perspective

Law and Philosophy 21 (6):567-617 (2002)

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  1. Constitutional Interpretation and Institutional Perspectives: A Deliberative Proposal.Donald Bello Hutt - 2018 - Canadian Journal of Law and Jurisprudence 31 (2):235-255.
    Legal scholars generally consider the theorisation and constitutionalisation of constitutional interpretation as a matter for the courts. This article first challenges this tendency on conceptual grounds, showing that no institutional commitment follows from the nature of interpretation in law, constitutional law included. It then provides guidance for thinking about institutional perspectives according to two criteria: the nature and normative strength of the sources interpreted and the capacity of the interpreter to include and consider every possibility affected when her interpretation carries (...)
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