This article contains an analysis of the legal and philosophical aspects of the Constitution. It shows that precisely the features of (a) integrality and (b) exceptional juridical power allow one to understand the Constitution as a legal and philosophical document. The Constitution's integrality feature, entrenched in legal form, determines its hermeneutical nature. The Constitution's exceptional (supreme) juridical power feature determines the existence of a strictly definite hierarchy of legal norms, as well as the need for a unanimous interpretation of the Constitution. Because of the features of the Constitution, the hermeneutics of the Constitution is a complicated and permanent process. The hermeneutical task of Constitution's content is solved by a single interpreter. In his disposition is all hermeneutical methodology . Next to the legal methods, a philosophical method becomes meaningful because it unveils word-view attitudes of the interpreter, as well as an attitude not only to separate expressis verbis provisions of Constitution, but also the completeness of the Constitution.
|Number of pages||8|
|Publication status||Published - 2009|
ASJC Scopus subject areas
- Arts and Humanities(all)
- Cultural Studies