Kirti Delhi, India 226 Questions 325 Answers 23 Best Answers 1k Points View Profile Kirti Asked: July 6, 20212021-07-06T21:27:25+05:30 2021-07-06T21:27:25+05:30In: UPSC PRELIMS Describe Legal Philosophy of Originalism. Describe Legal Philosophy of Originalism. general Share Facebook 1 Answer Recent Ishu Innovative 370 Questions 228 Answers 176 Best Answers 1k Points View Profile Best Answer Ishu Innovative 2021-07-06T21:32:51+05:30Added an answer on July 6, 2021 at 9:32 pm Legal Philosophy of Originalism: About Legal Philosophy of ‘Originalism’ -It is a legal philosophy which believes that the constitution should be interpreted the way it was written. This theory prescribes that while resolving disputes, judges should interpret the constitution as it was understood at the time it was ratified, irrespective of whether they personally agree or disagree with the outcome of a case decided this way. According to originalists, the meaning of the constitution is fixed at the time of its framing, either in the form of the meaning of the words used, or the intentions of the drafters. The job of the court is to stick to this original meaning. Adherents of originalism believe that social change should be brought about by new laws made by elected representatives, and not through judicial activism, in which judges make new interpretations of the constitution. Originalism is a theory focused on process, not on substance. A good originalist judge will not hesitate to preserve, protect, and defend the Constitution’s original meaning, regardless of contemporary political consequences. The legal philosophy which is said to be the opposite of originalism is ‘living constitution’ or ‘modernism’. This theory believes that the constitution should be updated with times to encompass changing societal needs. More: US Supreme Court nominee Amy Coney Barrett has described “originalism” as her legal philosophy. 1 Reply Share Share Share on Facebook Share on Twitter Share on WhatsApp Cancel the best answer Leave an answerCancel replyYou must login or register to add a new answer. Related Questions What is E-Waste? Describe Narrow Band-Internet of Things (NB-IoT).
Legal Philosophy of Originalism:
US Supreme Court nominee Amy Coney Barrett has described “originalism” as her legal philosophy.