A “living constitution” is more than poetic metaphor. As a philosophical approach and interpretive methodology, it is a developing theory encompassing normative judgements and active debate over the empirical practices as justices seek to reconcile the original meaning of constitutional text with contemporary circumstances. I review the debate between interpretive and non-interpretive methodologies within the context of American constitutional theory with a focus on the views of U.S. Supreme Court Justices as to the legitimacy of living constitutionalism. The departure of Justices Scalia, a living constitutionalism critic and Kennedy, who embraced emergent rights, and addition Justices Gorsuch and Kavanaugh. proponents of interpretive conservatism, renews the debate over living constitutionalism and its future in American jurisprudence.
Our 2020 Annual Conference was scheduled to be held at the University of Wrocław in Poland on July 9-11, 2020.
Due to the COVID-19 pandemic, the ICON·S Executive Committee has decided to postpone our 2020 Conference to 2021. Our next Annual Conference will take place from July 8-10, 2021, in Wrocław, Poland.
Procedural details regarding the organization of the 2021 Conference will follow in the months ahead.Join ICON•S