We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
A NEW METHOD TO GUIDE CONSTITUTIONAL INTERPRETATION: INTRODUCING "NEGATIVE ORIGINALISM.".
- Authors
Lamparello, Adam
- Abstract
The article addresses the divide between the progressive view of U.S. Supreme Court Justice Anthony M. Kennedy and the originalism view of Justice Antonin Scalia. Accordingly, Kennedy's view relied upon the European Court of Human Rights while Scalia's originalism deals with the exclusive reliance upon the American Constitution. Kennedy holds that the U.S. Constitution protects the right of two consenting adults to engage in sodomy. Scalia's dissent reflects his adherence to the fundamental constitutional rights based on culture, history and tradition.
- Subjects
KENNEDY, Anthony M., 1936-; SCALIA, Antonin, 1936-2016; JUSTICES of the peace; EUROPEAN Court of Human Rights; CONSTITUTIONS; SODOMY; CIVIL rights
- Publication
University of Florida Journal of Law & Public Policy, 2007, Vol 18, Issue 3, p383
- ISSN
1047-8035
- Publication type
Article