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THE CHALLENGE OF ORIGINALISM
Originalism is a force to be reckoned with in constitutional interpretation. At one
time a monolithic theory of constitutional interpretation, contemporary original-
ism has developed into a sophisticated family of theories about how to interpret
and reason with a constitution. Contemporary originalists harness the resources
of linguistic, moral, and political philosophy to propose methodologies for the
interpretation of constitutional texts and provide reasons for fidelity to those texts.
The essays in this volume, which includes contributions from the flag bearers of
peting schools of constitutional interpretation, provide an introduction
to the development of originalist thought, showcase the great range of contempo-
rary originalist constitutional scholarship, and peting schools of thought
in dialogue with each other. They also make new contributions to the methodolog-
ical and normative disputes between originalists and non-originalists, and among
originalists themselves.
Grant Huscroft is a Professor of Law at the University of Western Ontario and is a
member of Western Law’s Public Law and Legal Philosophy research group. He
was a member of the Faculty of Law at the University of Auckland, New Zealand,
from 1992 to 2002, and has been a visiting Professor at McGill University. Professor
Huscroft has written extensively about constitutional rights and judicial review and
his work has been published in Canada, the United States, the United Kingdom,
New Zealand, and Australia. He is the co-author of the treatise, The New Zealand
Bill of Rights (2003), and has edited or co-edited six collections of essays.
Bradley W. Miller is an Associate Professor in the Faculty of Law at University
of Western Ontario and is a member of Western Law’s Public Law and Legal
Philosophy research group. He is called to the bars of British Columbia and
Ontario and has appeared before all levels of