Precedent and the Common Law Constitution. Why Originalism is Not a Viable Option for Constitutional Review in Germany and the European Union

• In Event: Originalism, Textualism, and American Constitutional Politics. Comparative Perspectives on the Theory and Practice of Constitutional Adjudication

Brief Overview

Originalism has little support in Germany. Constitutions are not static. The constitutional framers consider court interpretation and amendment as both contributing to constitutional development and to ensuring the constitution’s legitimacy.

Author

• Oliver Lepsius, University of Munster