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No, originalism is not about fashionable ideology. Originalism is about the *original intent* of laws, at the time when they are made. The whole idea is roote
by knighthack 5y ago
No, originalism is not about fashionable ideology.
Originalism is about the *original intent* of laws, at the time when they are made.
The whole idea is rooted in stability of construction/interpretation of laws. Why this is important: if the meaning of a word of law can change so radically based on current events, then judges would find it very difficult to issue decisions and make just judgments based on precedents/stare decisis. (And judges in any event are not to interpose their personal beliefs, or current events onto the interpretation of existing law.)
Parliament makes laws, and amend laws, according to the will of the people - and judges then enforce those laws and changes. Even in the most liberal of (say common law) legal systems, judges are not to make up their own ideas of what the law means as they like.
I have no idea why you're misleading this discussion, that "Constitutional originalism is the fashionable ideology of a particular era". Originalism is not about orthodoxy, or being conservative, or the "inferred opinions of a closed circle of white slaveowning gentry", nor is it against revision - originalism is a strong way to ensure the stability of the legal system (which is the point of the article), and respect for the separation of powers, a key point of modern democracy.