Subjektyvumo faktorius interpretuojant konstitucija̧

Translated title of the contribution: Subjectivity in the process of the interpretation of the constitution

Research output: Contribution to journalArticle

Abstract

This article analyzes the possibility of moral reflection in the process of interpretation of the Constitution. Although the problem of the relation between morality and law is important to society, the scientific theory analyzing the relation between morality and law is very complicated and contradictory. The formulated doctrinal conclusions are unable to overstep the limitation of subjectivity. The scientific doctrine only recognizes the fact that there has never been any single theory on ethics which would ground morality, virtue, human relationships and norms of behavior. The different theories are contradictory, since they are based upon different pre-conditions for the cognition of morality. Even though the scientific doctrine is contradictory, it is possible to notice moral value in the jurisprudence formulated by constitutional justice institutions of countries. In a broader sense, world-view arguments have nevertheless become a source exerting influence upon the result of the interpretation of the Constitution.

Original languageLithuanian
Pages (from-to)37-51
Number of pages15
JournalLogos (Lithuania)
Issue number68
Publication statusPublished - 2011
Externally publishedYes

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ASJC Scopus subject areas

  • Arts and Humanities(all)
  • Cultural Studies

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