INTERPRETATION OF THE CONSTITUTION: A GOVERNMENT OF JUDGES?

Authors

  • Marina Gascón Abellán

Keywords:

Constitutional interpretation, constitutional review, interpretation in accordance with the constitution, judicial balancing

Abstract

The interpretations of the Constitution as made by both, the Constitutional Court and the ordinary courts sometimes exceed the limits of constitutional review to get into the field of political questions. This paper examines some of the main interpretative criteria and arguments through which such actions take place (precisely, the principle of interpretation in conformity with the constitution and the proportionality test or balancing). It also warns about the risks for democracy and the rule of law arising from such judicial interpretations

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Published

2020-06-19

How to Cite

Gascón Abellán, M. (2020). INTERPRETATION OF THE CONSTITUTION: A GOVERNMENT OF JUDGES?. Teoría & Derecho. Revista De Pensamiento jurídico, (20), 205–215. Retrieved from https://teoriayderecho.tirant.com/index.php/teoria-y-derecho/article/view/458

Issue

No. 20 (2016): Why theory of legal argumentation?

Section

Studies