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活的宪法理论的抨击揭示了原旨主义未能弥合描述性命题与规范性命题之间的裂隙。在零敲碎打的路径与综合的路径失利之后,新原旨主义者引入合同法上的解释与阐释之分,借助宪法阐释概念,重塑了理论图景。经由惠廷顿、索勒姆、巴尼特、巴尔金等人的发展,宪法阐释理论雏形甫成,虽然论述有别,但在成文性命题、过程性命题、忠诚性命题、规范性命题上有着基本共识。宪法阐释不仅重构了论争的话语体系,原旨主义与活的宪法理论立场兼容,而且促使原旨主义由司法领域走向政治领域,由静态的历史探究走向动态的宪法实施,由宪法实施过程一元论走向二元论,由排他走向包容。
The attack on living constitutional theory revealed that fundamentalism failed to bridge the gap between descriptive and normative propositions. After the piecemeal path and the comprehensive path were lost, the new fundamentalists introduced the explanation and interpretation of the contract law, and helped to reshape the theoretical picture with the aid of the constitutional interpretation concept. Through the development of Whittington, Solom, Barnett, Barkin and others, the theory of constitutional interpretation is as simple as that of its own. Although there are differences between the two approaches, there are still some problems in the process of writing propositions, process propositions, loyalty propositions, normative propositions Have a basic consensus. The constitutional interpretation not only reconstructs the discursive system of the debate, the fundamentalism is compatible with the living constitutional theory, but also impels the revisionism from the judicial field to the political field and from the static historical inquiry to the dynamic constitutional implementation. From the unification of constitutional implementation process To dualism, from exclusive to inclusive.