The originalist interpretation of the Constitution according to Antonin Scalia. Is it possible in Continental Law?

Abstract

In this paper, Dr. Fernando Liendo analyzes the original interpretation of the Constitution, exposing its main points and how he reconstructs the intentions of the past and translates them into different eras. The author also exposes the theoretical adversary called Living Constitution and, based on the established elements and evidence provided, reasons about the possibility of applying originalism to an European or Latin American Continental law system, as an additional interpretative method that can be used by the courts when they aim to consolidate a “normative state‟ that they consider legitimate to preserve.