Being Law Students in a Globalised Changing World: Common Reflections of the 2023 Spring School in Washington D.C.

This section analyses originalism from a comparative constitutional perspective. It contrasts Justice Neil M. Gorsuch’s originalist approach, grounded in the original public meaning of the Constitution and the preservation of the separation of powers, with the theory of living constitution. It further argues that the Italian Constitutional Court, influenced by Tullio Ascarelli’s theory of interpretation, adopts a more creative and value-oriented model based on bilanciamento (balancing), reflecting a fundamentally different conception of constitutional adjudication.