ABSTRACT
This chapter looks at that constitutional interpretations can be based on many different kinds of reasons: meanings, intentions, precedents, and moral values. It begins by discussing the nature and purpose of constitutional interpretation in general. Methods and theories drawn from such fields as literary theory, philosophy, political science, and economics have been used to illuminate constitutional interpretation, making it a paradigm of interdisciplinary study. Constitutional interpretation can best be understood by looking at its goal and function. Theories of constitutional interpretation can be either descriptive or prescriptive. Some theorists argue that judges must be empowered to adapt constitutional law to changing circumstances. One of the best-known approaches to constitutional interpretation is originalism. The original meanings of words are emphasized by many judges and theorists. Originalists often try to avoid judicial value judgments by appealing to original intentions. Some justices want to overturn precedents that go beyond the original meaning or intention of the Constitution.
