10【憲法解釋之理論】－制憲者原意主義 Philip Bobitt，Constitutional Interpretation： “ Originalist” in constitutional interpretation assert that it is the duty of the courts to give expression to the original intentions of the framers and ratifiers。To do otherwise jeopardizes the legitimacy of revie since，whithout the restraints imposed on judges and on the authority granted to them on the basis of the original understanding of the constitutional endowment，judges are mere usurpers of power。Standing alone this reply to the Countermajoritarian Objection is also circular，amd for the same reason：it depends upon the assumption that the intentions that judicial review is supposed to enforce provide a legitimate basis on which to review the outcomes of the political process。 Philip Bobbitt，Constitutional Interpretation，（Oxford：Basil Blackewll Inc. 1991）p.23
Posted on: Sun, 11 Jan 2015 21:52:50 +0000
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