Political jurisprudence or neutral principles another look at the problem of constitutional interpretation

Abstract

What is the Constitution? Is the Constitution written, living, or both? How should the Constitution be interpreted? Constitutional interpretation is one of the more difficult tasks that the judiciary is called upon to perform.' Firstly, the fact that the Constitution is both a political charter and a legal document makes its interpretation a matter of great political significance, and sometimes controversy. Secondly, the courts' interpretation of the Constitution by way of judicial review is equally controversial as it is essentially countermajoritarian. A non-elected body reviewing and possibly overruling the express enactments and actions of the elected representatives of the people would raise the issue of legitimacy. Thirdly, however defined, the Constitution is an intricate web of text, values, doctrine, and institutional practice. It lends itself to different interpretations by different, equally wellmeaning people.i