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- Title
The Origins and Limits of Originalism: A Comparative Study.
- Authors
Varol, Ozan O.
- Abstract
In the debate about originalism in the United States, scholars have devoted scant attention to the question whether the United States stands alone in its fascination with originalism. According to the prevailing view, originalism is distinctively American and the study of comparative originalism is an oxymoron. This Article challenges that conventional view. Drawing on neglected Turkish-language sources, the Article analyzes, as a comparative case study, the use of originalism by the Turkish Constitutional Court (Anayasa Mahkemesi) to interpret the secularism provisions in the Turkish Constitution. Comparing the Turkish version of originalism to American originalism, the Article sheds light on broader debates in the United States about the origins, functioning, and limits of originalism.
- Subjects
TURKEY; UNITED States; ORIGINALISM (Constitutional interpretation); TEXTUALISM (Legal interpretation); CONSTITUTIONAL courts; STATUTORY interpretation; SECULARISM
- Publication
Vanderbilt Journal of Transnational Law, 2011, Vol 44, Issue 5, p1239
- ISSN
0090-2594
- Publication type
Article