Paper Information

Journal:   THE JUDICIARY’S LAW JOURNAL   summer 2018 , Volume 82 , Number 102 #r00462; Page(s) 263 To 288.
 
Paper: 

Judicial Interpretation in Public law

 
 
Author(s):  YAVARI ASSADOLLAH*, Mehraram Parham
 
* 
 
Abstract: 
Public Law has some unique characteristics which draws a distinction between it and other branches of law. It proposes this question، that whether these characteristics provide a specific way of interpretation for public law. One can answer to this question that although public law does not have specific method of interpretation، it enjoys different interpretational schools in different ways. For example، nowadays، the inefficiency of Originalism in some area of public law is well demonstrated. In constitutional law، the key role of constitution as a most important document in distribution of power، freedoms and rights and its ambiguous and general terms presents some problems for Orginalism، which believes in determination of meaning. In administrative law، regarding the fundamental developments in the modern administration and the hesitation about some premises of it-such as rule of law and separation of power-Originalism faces with a crisis. Therefore، there are some growing trends toward dynamic ways of interpretation. This debate plays a pivotal role in distribution of power between judiciary and administrative institutions.
 
Keyword(s): Determination of Meaning,Originalism,Dynamic Schools,Judicial Interpration,Constitutional Interpration
 
References: 
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