Abstract

PAZO PINEDA, OSCAR ANDRÉS. Taking Framers Seriously: The Originalism and its Impact in the Constitutional Interpretation. Rev. Derecho Estado [online]. 2021, n.48, pp.341-369.  Epub May 05, 2021. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n48.12.

The present article is related to the interpretation of the Constitution, particularly what some theorists have named as "originalism". In this way, is important to study the historical context in which this movement emerged, as well as the factors that led to it. In the development of this work, it will be noticed that there are different ways of understanding what originalism means, and that not necessarily all the supporters of this current understand the legal interpretation on the same way. Finally, reference will be made to the main criticisms it has received, especially from those who consider that the Constitution should be understood as a living instrument, that should be adapted to the needs of each society.

Keywords : Originalism; interpretation; judicial function; living Constitution; courts.

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