Hiding the Ball

Abstract

In the work of constitutional theorists such as Jack Balkin, Randy Barnett, Cass Sunstein, (and many others), constitutional law is enjoying a renaissance of the interpretive debates - how (best) to interpret, “The Constitution”. The essay, “Hiding the Ball” argues that the interpretation controversies in constitutional law are fundamentally infirm (and largely beside the point) given the weak ontology of the object under discussion, to wit: The Constitution.

Keywords: interpretation, constitutional interpretation, ontology, legal ontology, hermeneutics

JEL Classification: K00