PHL271H1 Lecture Notes - Lecture 3: Antonin Scalia, Federal Judiciary Of The United States, Strict Constructionism

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6 Aug 2022
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Antonin scalia, common-law courts in a civil law system: the role of united states. Federal courts in interpreting the constitution and laws". Antonin scalia (1936- 2016) was a united states supreme court justice. Many (though not all) of his votes on the supreme court (and written decisions justifying those votes) furthered conservative political goals. Ex. in favour of restrictions on abortion, in favour of continuing the death penalty, against hearing cases on guantanamo bay detainees. Sometimes in the other direction ex. Scalia says he defends a form of textualism cases should be decided, as much as possible, by appealing to the text of the relevant statute law. What dworkin would have called positive law. In constitutional cases, he is an originalist modern judges should use the original meaning of the statutes or legal texts in question. Well of course i think that the act was within the letter of the statute, and was therefore within the statute: end of case.

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