Tertium non datur? Amerykański oryginalizm w spolaryzowanej demokracji
Tertium non datur? American Originalism and Polarization in Democracy

Summary/Abstract: Originalism – as one of the main approaches to the interpretation of the U.S.federal Constitution – has been increasingly viewed as an instrument of politicalstruggle in the hands of the judiciary. This article offers a discussion of the effectsof originalist interpretation, which enable legal orders with different axiology toexist in a federal state. The above situation raises the question of the legitimacy ofaccepting legal relativism and consent to the creation of parallel juridical realitieswhen the degree of polarisation makes it impossible to seek compromise. The purposeof the article is to highlight that, paradoxically, originalism can strengthen thestabilising and organising role of law in line with the concept of E pluribus unum.

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