O življenju in delu sodnika Antonina Scalie : (1936-2016)

slovenian

2016

volume 71, issue 3/4

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

The article is a tribute to Justice Antonin Scalia who himself ranks among the most influential Justices in American history. The author attempts to present a brief outline of Justice's enormous personality, a short overview of his life, work and an insight of his personal character, yet the foremost attention is paid to the doctrine of originalism, which is the centerpiece of his judicial philosophy. His firm commitment to the reading of the Constitution, as it was understood at the time of its adoption, effectively counterbalanced the "morphing" theory of Constitution ("living" Constitution), the leading school of constitutional interpretation in the times when he joined the Court. Some critics say that originalism gives constitutional sanction to conservative politics. However, the truth is quite opposite: originalism is ideological blind; it is just a method of reading legal texts - whereas its outcome could either be liberal or conservative, progressive or dated, in favor of one or another political block. Scalia was fully aware of that. He sketched out a modest conception of the role of a Supreme Court Justice: "Very often, if you're a good judge, you don't really like the result you're reaching." He will be remembered for his devotion to the rule of law and the constitutional principle of the separation of powers. What also makes him great, unique and unrepeatable was his gift for friendship and great compassion.

29.05.2017