Interpreters of the constitution: The problem of typology

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Abstract

The significance of the most important legal act-the Constitution-to the social medium is evident. This constituent act of the nation determines the legal, political, moral and social life of the social medium. Therefore, it should come as no surprise that the Constitution-the content of this constituent act-is the object of everybody's attention. The Constitution is interpreted by lawyers, public leaders, state institutions, scholars and individual persons. The article analyses the wide-ranging subjects interpreting the Constitution and presents the types of its interpreters. The three most prominent groups of such subjects can be distinguished as: (i) institutions of constitutional justice, (ii) the scholarly doctrine, and (iii) other subjects. The article discusses the legal, scientific and social value of interpretations of the Constitution formulated by these interpreters. It is held that the most meaningful thing in this typology is distinguishing the interpretations according to the factor of their legal effects. The differing scientific, legal and social value of the interpretations does not deny the factor of the significance of their existence. It is recognised that a large number of interpretations of the content of the Constitution come from an immanently related state of discussions taking place in a state under the rule of law and democratic society.

Original languageEnglish
Pages (from-to)27-42
Number of pages16
JournalBaltic Journal of Law and Politics
Volume5
Issue number2
DOIs
Publication statusPublished - 2012
Externally publishedYes

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Keywords

  • common sense
  • Constitution
  • constitutional jurisprudence
  • cycle of interpretation of constitution
  • interpreters of constitution

ASJC Scopus subject areas

  • Law
  • Sociology and Political Science

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