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''Restoring the Lost Constitution: The Presumption of Liberty'' is a 2003 book about the United States Constitution written by Randy Barnett, a professor of law at the Georgetown University Law Center. In the book, Barnett outlines his theory of constitutional legitimacy, interpretation and construction. He argues for an interpretation of the Constitution based on its "original meaning" (as distinct from the founders' original intent).〔Peñalver, Eduardo M. ''Restoring the Right Constitution?'' Yale Law Journal. Vol. 116, No. 4, Jan., 2007, p. 732-766〕 ''Restoring the Lost Constitution'' was awarded the ''2005 Lysander Spooner Award for Advancing the Literature of Liberty'' by Laissez Faire Books. ==Summary== ''Restoring the Lost Constitution'' is broken into four parts, each addressing an aspect of the U.S. Constitution. # Constitutional Legitimacy describes the most common arguments for constitutional legitimacy, and argues against them in practical terms. Barnett suggests that in practice it is impossible for any constitution to derive its legitimacy from consent, but it must rather derive legitimacy through "necessity" and "propriety". # Constitutional Method # Constitutional Limits # Constitutional Powers 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Restoring the Lost Constitution」の詳細全文を読む スポンサード リンク
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