Wykładnia konstytucji jako proces konkretyzacji
- Institution: Uniwersytet Kazimierza Wielkiego
- Year of publication: 2014
- Source: Show
- Pages: 73-92
- DOI Address: https://doi.org/10.15804/ppk.2014.01.04
- PDF: ppk/17/ppk1704.pdf
Interpretation of the constitution as a process of its concretization
The article discusses some methods of interpretation of the constitution aimed at concretization of its precepts and analyzes their implications for the normative character of the constitution. The author departs from the assumption that traditional directives of interpretation designed for the interpretation of statutory laws prove insufficient for the construction of constitutional precepts. Due to their general character, synthetic wording and structural openness constitutional provisions require not only an explicatory but also a concretizing construction. The elements of a norm which have not been explicitly expressed in the text of the constitution are discovered in the process of argumentation in which elements of social reality as well as subjective stances of an interpreter play a considerable role. This process can be subjected to methodological directives only with difficulty that is why in order to define the scope of the interpreter’s latitude and to ensure the objective character of the interpretation there is a need to resort to a theory of the constitution enshrined in the text of the constitution.