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3 - Reasons to Favor Symmetry

from Part I - Symmetry Explained

Published online by Cambridge University Press:  14 November 2024

Zachary S. Price
Affiliation:
University College of the Law, San Francisco
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Summary

This chapter advances theoretical reasons to support symmetric interpretation. First, favoring symmetry accords with the Constitution’s character as a comparatively terse, “framework” document focused on establishing democratic procedures rather than definitive policies. Second, an ethic of symmetric interpretation accords with widely accepted features of judicial role-morality. Finally, symmetric interpretation accords with the framers’ own constitutional aspirations and interpretive methods. Multiple widely accepted theoretical considerations in constitutional law thus support preferring symmetric understandings when possible.

Type
Chapter
Information
Constitutional Symmetry
Judging in a Divided Republic
, pp. 53 - 86
Publisher: Cambridge University Press
Print publication year: 2024

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  • Reasons to Favor Symmetry
  • Zachary S. Price, University College of the Law, San Francisco
  • Book: Constitutional Symmetry
  • Online publication: 14 November 2024
  • Chapter DOI: https://doi.org/10.1017/9781009391818.005
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  • Reasons to Favor Symmetry
  • Zachary S. Price, University College of the Law, San Francisco
  • Book: Constitutional Symmetry
  • Online publication: 14 November 2024
  • Chapter DOI: https://doi.org/10.1017/9781009391818.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Reasons to Favor Symmetry
  • Zachary S. Price, University College of the Law, San Francisco
  • Book: Constitutional Symmetry
  • Online publication: 14 November 2024
  • Chapter DOI: https://doi.org/10.1017/9781009391818.005
Available formats
×