Securing the Rule of Law Through Interpretive Pluralism: An Argument From Comparative Law

47 Pages Posted: 15 Aug 2009

See all articles by Richard Stith

Richard Stith

Valparaiso University School of Law

Date Written: August 13, 2009

Abstract

As the distinction between interpretation and politics diminishes, the need for pluralism in interpretation increases. The Article argues, first, that the rule of law requires that no one tribunal possess the power to subordinate a whole legal system to its politicized rule. The Article then uses comparative legal study to analyze plural or coordinate interpretive authority. A multiplicity of interpreters helps to prevent domination by any one legal ideology and to encourage reasoned dialogue about the meaning of law. Despite our sceptical age, courts and other public authorities are given an incentive to construct arguments convincingly moored to governing law.

Keywords: Constitutional Law, Rule of Law, Constitutional Interpretation, Interpretation, Pluralism, Departmentalism, Popular Constitutionalism, Stare Decisis, Precedent, Separation of Powers, Checks and Balances

JEL Classification: B31,H11, H41, K00, K19, K40, O57, Z00, Z10

Suggested Citation

Stith, Richard T., Securing the Rule of Law Through Interpretive Pluralism: An Argument From Comparative Law (August 13, 2009). Hastings Constitutional Law Quarterly, Vol. 35, p. 401, 2008, Available at SSRN: https://ssrn.com/abstract=1448915

Richard T. Stith (Contact Author)

Valparaiso University School of Law ( email )

656 S. Greenwich St.
Valparaiso, IN 46383-6493
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
113
Abstract Views
729
Rank
438,854
PlumX Metrics