Sample Term Paper
. Originalism. Originalism has always been based on historical events and back ground, particularly experiences rooted in English practices, to secure a greater understanding of the constitutional context. But such an approach offers little help to constitutional interpreters who are looking to a future new world order, to step ahead and not to go back to ancient times.
2. Majoritarianism. Majoritarianism is another constitutional theory that is not helpful for comparative material. An approach of judicial deference to the political branches offers little help to understand the theory. The Court has to depend on the foreign experiences. Even if a persuasive argument could be made for a broader notion of a community standard in certain areas, such as regulation of obscene speech on the Internet, the Court has to depend on foreign leading cases.
3. Natural Law. The natural law theory of constitutionalism is based on early experiences in constitutional interpretation often relied upon natural law to limit legislative action. Modern variations of this theory finds expressions in reading moral constitutional text to understand natural law it is discredited as a constitutional theory, people need to advance not to go back to ancient theories.
4. Pragmatism. As far as classic constitutional theories go, pragmatism is the best theory that can sustain constitutional comparativism, but pragmatism is helpful in solving problems of the state by curtailing not advancing constitutional rights. Constitutional theory may be used as means to have better understanding of political and legal foundations of other nations. The constitution can be ineffective if the text and practice differ greatly and is not strictly enforced as the rule of law.
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