Konstitucijos interpretavimo kokybės: Common sense ir mokslinė doktrina

Translated title of the contribution: Qualities of the interpretation of the constitution: Common sense and scholarly doctrine

Research output: Contribution to journalArticle

1 Citation (Scopus)

Abstract

The results of the interpretation of the Constitution depend on a number of factors. First and foremost, they depend on the legal consciousness and philosophical worldview of the interpreter as well as its knowledge of the relevant historical background. The final outcomes of the interpretation depend on the qualification or skills of the interpreter and its ability to see the big picture. While interpreting the Constitution, the interpreter exerts full discretion which also provides the right to freely choose the methods of interpretation and independently decide what interpretation i.e. application of particular methods, will be considered official. Official doctrine and scholarly doctrine are only a small part of the possible interpretations that circulate in a democracy. Another type of interpretation, albeit having a number of limitations but still dominant in the minds of the public at large, is permeated by common sense logic. Although these interpretations have a certain logical consistency, the problems are analyzed superficially and without drawing upon systemic cognitive analysis. Therefore common sense interpretations may be popular with the public at large, but they are easily defeated conceptually by employing methods and arguments of scholarly and official doctrine. It should be noted, however, that common sense interpretations are valuable as an expression of freedom of speech and self-expression. The society uses common sense interpretations to expresses its expectations, therefore scholars and the official interpreter should be aware of and consider them. Official, scholarly and common sense interpretations of the Constitution are the outcome of society's intellectual capacities, thus they exist naturally in a society. The interpretation of the Constitution is a permanent process of the exchange of opinions existing in society on the genuine meaning of the Constitution. It begins from the superficiality of common sense interpretations, moving to scholarly arguments (i.e. a systematic understanding of the problem) and then finally from scholarly interpretation to the official constitutional doctrine, which is then subjected to the interpretations at the common sense level, with this process repeating itself in a cyclical manner.

Original languageLithuanian
Pages (from-to)68-79
Number of pages12
JournalLogos
Issue number63
Publication statusPublished - 2010

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interpretation of the constitution
doctrine
interpretation
interpreter
Constitution
Doctrine
Common Sense
constitution
legal consciousness
freedom of opinion
worldview

ASJC Scopus subject areas

  • Arts and Humanities(all)
  • Cultural Studies

Cite this

Konstitucijos interpretavimo kokybės : Common sense ir mokslinė doktrina. / Mesonis, Gediminas.

In: Logos, No. 63, 2010, p. 68-79.

Research output: Contribution to journalArticle

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