The notions of originalism and dynamic interpretation in Constitutional review and their impacts on the protection of fundamental rights

Due to the unique characteristics of the field of constitutional law, the most accepted theories of interpretation -classic and realist theories- can't be seen as sufficient in the case of interpretation in constitutional law. That case highlights the need for unique perspectives in interpreting constitutions. Dynamic interpretation is one of the aforementioned unique perspectives of constitutional law. Because of the dynamic interpretation, which can be briefly described as a interpretive approach that is suitable to current circumstances of the legal matter, constitutions can be more flexible and provided with the preservation of the normative strength of constitution, an opportunity for contributing to fulfilling the needs to the field of constitutional law. Standing opposite to the dynamic interpretation, originalism is incapable of providing solutions to the problems of the present. However, dynamic interpretation has been the target of various criticism from several authors. Nevertheless, it can be said that dynamic interpretation is more functional in the matter of protecting fundamental rights on an empirical and theoretical basis. Although it has been claimed as more functional, dynamic interpretation has to be applied in a way that is limited to some capacity. Otherwise, this approach can't be compatible with the principle of rule of law. In essence, this study tries to describe the method of dynamic interpretation, presents the advantages it brings to the field of constitutional law, compiles and presents the appearance forms of the dynamic interpretation, explains the criticism about the notion of dynamic interpretation, explains the relationships between other methods and theories in the field -especially originalism-, specifies the limitations of the perspective, processes the empirical examples regarding the dynamic interpretation and in general define the general concept of the notion of dynamic interpretation.