볼킨(J. Balkin)의 ‘살아있는 원본주의’ ―헌법을 예로 살펴본 법의 안정성과 역동성―

J. Balkin's theory of constitutional interpretation is significant for the following two reasons: a) Even though acknowledging a fluid space and the room for the application to the reality, it itself opens a form which may not be an arbritrary constitutional interpretation. b) Even through acknowledging the inevitability of the Interpretation considering text and principles, it simultaneously provides a theoretical form that may not easily turn into an ethical legal theory but enough consider constitutional understandings of varied community members in an institutional, historical perspective. By reviewing J. Balkin's theory of constitutional interpretation having such an implication, this study attempts to seek for the new possibility of getting over the problems of existent theories of legal methode. For this, this study reviews J. Balkin's criticism on the varied forms of existing originalisms in their typical classification, and deals with Balkin's reconstruction of originalism under the banner of living originalism. This may include Balkin's description on framework originalism, method of text and principles, protestant constitutionalism, etc. Lastly, this study reviews what Balking's legal theory suggests on the critical mind in introduction, and make a conclusion.