ORIGINALISM, RULE OF LAW AND HUMAN RIGHTS
ORIGINALISM, RULE OF LAW AND HUMAN RIGHTS

Summary/Abstract: In this paper I shall defend a moderate version of original meaning originalism inconstitutional interpretation. First, I will explain some relevant distinctions andqualifications related to originalism and to the specific version of the theory ofconstitutional interpretation which I will present here. Next, I will briefly comparethis version of originalism with the view traditionally regarded as originalism’snatural opponent, the doctrine of the living Constitution, and I will argue that thesetwo views are in fact compatible with each other once certain reasonablequalifications have been made to both of them. I shall then offer arguments in favorof the version of originalism presented here, which mainly have to do with therelation between a democratic system under a written constitution and the conceptsof the rule of law and human rights. Finally, I will defend this version of originalismagainst views that hold that, in certain constitutional cases, once the originalmeaning of the Constitution, so to speak, “runs out”, non-originalist methods shouldbe employed to reach a legal solution

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