Add to ORKGIn this Article, the author considers Richard Kay’s views on constitutional interpretation, the rule of recognition and how best to conceptualise top courts in the common law world—courts that appear not to be engaged in constitutionalism, or giving the legal text the meaning its legitimate authors intended. The author notes that his views and Kay’s line up almost perfectly across these topics but, in keeping with these commemorative special issues, he manages to pick a couple of small fights with Kay’s views—one small quibble, a defence, and then a bigger quibble
Supreme Court Justices frequently divide on questions of original meaning, and the divisions have a ...
article published in law reviewNot every constitutional case requires recourse to first principles, ...
In the debate over proper judicial interpretation of the law, the doctrine of Originalism has been s...
In this Article, the author considers Richard Kay’s views on constitutional interpretation, the rule...
This brief Essay considers and gently rejects Professor Rick Kay’s faith in originalism as a constra...
article published in law reviewFor forty years, legal academics have been lost in a wilderness born ...
As Judge Messitte\u27s essay demonstrates, recent references in Supreme Court decisions to non-U.S. ...
American constitutional theory faces a dilemma. The United States Supreme Court has decided a large ...
In this piece, I take up two topics that have been preeminent in the scholarship of Richard Kay: the...
For all its proponents\u27 claims of its necessity as a means of constraining judges, originalism is...
This article, written in honor of Rick Kay and his distinguished career, addresses two areas of mutu...
Since the Second World War, judges in Australia and the United Kingdom have increasingly written leg...
Judge Richard Posner’s well-known view is that constitutional theory is useless. And Judge J. Harvie...
This article is a contribution to the dialogue between Justice Michael Kirby and John Gava on the na...
In this article the author explains why Antonin Scalia was one of his favourite judges. It starts by...
Supreme Court Justices frequently divide on questions of original meaning, and the divisions have a ...
article published in law reviewNot every constitutional case requires recourse to first principles, ...
In the debate over proper judicial interpretation of the law, the doctrine of Originalism has been s...
In this Article, the author considers Richard Kay’s views on constitutional interpretation, the rule...
This brief Essay considers and gently rejects Professor Rick Kay’s faith in originalism as a constra...
article published in law reviewFor forty years, legal academics have been lost in a wilderness born ...
As Judge Messitte\u27s essay demonstrates, recent references in Supreme Court decisions to non-U.S. ...
American constitutional theory faces a dilemma. The United States Supreme Court has decided a large ...
In this piece, I take up two topics that have been preeminent in the scholarship of Richard Kay: the...
For all its proponents\u27 claims of its necessity as a means of constraining judges, originalism is...
This article, written in honor of Rick Kay and his distinguished career, addresses two areas of mutu...
Since the Second World War, judges in Australia and the United Kingdom have increasingly written leg...
Judge Richard Posner’s well-known view is that constitutional theory is useless. And Judge J. Harvie...
This article is a contribution to the dialogue between Justice Michael Kirby and John Gava on the na...
In this article the author explains why Antonin Scalia was one of his favourite judges. It starts by...
Supreme Court Justices frequently divide on questions of original meaning, and the divisions have a ...
article published in law reviewNot every constitutional case requires recourse to first principles, ...
In the debate over proper judicial interpretation of the law, the doctrine of Originalism has been s...