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Constitutional Fictions – A Unified Theory of Constitutional Facts - Oxford Scholarship Online
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Constitutional Fictions: A Unified Theory of Constitutional Facts

David L. Faigman


One of the principal debates in constitutional law today is whether the Constitution is a static document encased in the beliefs of the 18th and 19th centuries, or is a living framework of governance, that, while foundational, must evolve with changing circumstances, different times, and new knowledge. Chief Justice John Marshall, a strong advocate of a living Constitution, once famously declared that the Constitution was “intended to endure for ages to come”, and thus had to be “adapted to the various crises of human affairs”. Until now, however, there has been no systematic attempt to develo ... More

Keywords: Constitution, fact-finding, constitutional facts, interpretation, application, justices

Bibliographic Information

Print publication date: 2008 Print ISBN-13: 9780195341270
Published to Oxford Scholarship Online: January 2009 DOI:10.1093/acprof:oso/9780195341270.001.0001


Affiliations are at time of print publication.

David L. Faigman, author
University of California, Hastings College of the Law