Constitutional interpretation has played and continues to play a direct and significant role in shaping our society. Therefore, it is important to examine the concept of constitutional interpretation, which many refer to as judicial review or judicial interpretation, and these opposing theories of constitutional interpretation. This paper will examine the works of several leading constitutional scholars. In addition, it will examine selected Supreme Court cases and hypothetical examples, with the intent of illustrating that a living constitution theory more faithfully represents the ideals and democratic intent of the Constitution’s framers, while reflecting the evolution of society over time.
Albert E. Poirier, MALS