Aderenza al testo e interpretazione costituzionale. Riflessioni dalle esperienze australiana e neozelandese

Textualism and constitutional interpretation. Reflections from the Australian and New Zealand experiences

Abstract

Textualism and constitutional interpretation. Reflections from the Australian and New Zealand experiences - A comparative examination on the relationship between written norms and the interpretation given by the courts can bring to attention a multiplicity of experiences. With specific reference to constitutional interpretation, the U.S. system, which has a written constitution as well as a Bill of Rights, the Australian system, which has a constitutional text but no Charter of Fundamental Rights and Freedoms, and the New Zealand system, where a constitution is absent, but the New Zealand Bill of Rights Act is present at the same time, will be considered here. In this way, we will ask about the value of the presence or absence of the constitutional text with reference to its literal interpretation.

Keywords: Common law; Constitution; Constitutional interpretation; Originalism; Textualism.