Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2018 Comparative Approaches to Constitutional History Jamal Greene Columbia Law School,
[email protected] Yvonne Tew Georgetown University Law Center,
[email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Comparative and Foreign Law Commons, Constitutional Law Commons, and the Courts Commons Recommended Citation Jamal Greene & Yvonne Tew, Comparative Approaches to Constitutional History, COMPARATIVE JUDICIAL REVIEW, ERIN F. DELANEY & ROSALIND DIXON, EDS., EDWARD ELGAR PUBLISHING, 2018; COLUMBIA PUBLIC LAW RESEARCH PAPER NO. 14-613 (2018). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2519 This Working Paper is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact
[email protected]. JOBNAME: Delaney PAGE: 1 SESS: 4 OUTPUT: Thu Aug 23 10:51:28 2018 19. Comparative approaches to constitutional history Jamal Greene and Yvonne Tew* A. INTRODUCTION An historical approach to constitutional interpretation draws upon original intentions or understandings of the meaning or application of a constitutional provision. Comparing the ways in which courts in different jurisdictions use history is a complex exercise. In recent years, academic and judicial discussion of “originalism” has obscured both the global prevalence of resorting to historical materials as an interpretive resource and the impressive diversity of approaches courts may take to deploying those materials. This chapter seeks, in Section B, to develop a basic taxonomy of historical approaches.