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Kirti
Kirti

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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.

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    1. Ishu

      Ishu

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      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.

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