Creating law of interpretation: a risky or fundamental step?

Riyanti, Rahayu Dwi

doi:10.4000/revus.7500

Cited by 4 publications

(2 citation statements)

References 11 publications

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“…In turn, the article by Kobalia (2018) examines the main features of centralized and decentralized constitutional review in the context of the modern constitution and state power. Particular attention should be paid to the findings outlined in the article by Konca (2021) on the introduction of a monopoly on constitutional interpretation, which was considered as an institution that harmoniously corresponds to the semantic system arising from modern constitutions.…”

Section: Literature Reviewmentioning

confidence: 99%

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Prospects of Transformation of the Institution of Constitutional Justice in the Course of Armed Conflicts

Shemchuk

Khmaruk²,

Stohova

et al. 2022

Cuest. Pol.

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The objective of the article was to consider the current state and prospects of the transformation of the institution of constitutional justice in the course of armed conflicts. Observational and comparative methods were the main methodological tools. The research showed that constitutional courts must apply a specific method of judicial constitutional control during armed conflicts. Most of the complaints and appeals of the population to the constitutional courts seek clarifications on the constitutionality of the rules on social guarantees of the military, the rights of refugees. Constitutional interpretation of legislative provisions of the Republic of Azerbaijan, consideration of complaints of constitutional courts of Germany and Ukraine are examples of countries' reactions to armed conflicts. The conclusions confirm the need to transform the institution of constitutional justice, which becomes the main defender of the constitutional system and its principles during armed conflicts. In this vein, it is urged to increase the rate of scientific capital in the judiciary to improve the process of reform of the Constitutional Court in these difficult conditions experienced by Ukraine.

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Section: Literature Reviewmentioning

confidence: 99%

“…Unlike norms, these principles cannot be applied literally, but must be interpreted. They have the same hierarchical rank, are tangent to each other, and have the same legal sphere (Konca, 2021).…”

Section: Introductionmentioning

confidence: 99%

Prospects of Transformation of the Institution of Constitutional Justice in the Course of Armed Conflicts

Shemchuk

Khmaruk²,

Stohova

et al. 2022

Cuest. Pol.

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Incorrect Interpretation in the Light of the Law of Interpretation

Riyanti

2022

Int J Semiot Law

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Legal regulation of legal interpretation technique: analysis of perspectives in modern conditions.

Nykolyna

2023

Alʹmanah Prava

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The rules of legal interpretation are an integral part of modern legal practice. Legal interpretation plays a direct role in the process of giving meaning to the legal text, which is crucial for determining the effectiveness and feasibility of legislation. The legal interpretation technique ensures consistency, predictability and fairness in making legal decisions. However, the lack of uniformity of methods and techniques of legal interpretation in different legal systems and even among different subjects of official interpretation within the same system can create confusion and unpredictability, which will lead to contradictory and unfair results. This article aims to determine the significance of the rules of the legal technique of interpretation in modern legal practice and the prospects of their legal regulation in Ukraine. The issue states the existence of an agreed scientific position in Ukraine, that the legal technique of interpretation includes principles, methods, rules, methods, technologies, which are used by the subject of interpretation in the implementation of legal interpretation activities. However, legal practice found itself in the conditions of the absence of unified algorithms for the use of techniques and methods of official interpretation objectified in normative sources. It is indicated that the regulation of the technique of interpretation of legislation can also contribute to the protection of human rights and the rule of law by ensuring transparency and accountability in the adoption of legal decisions in the process of interpretation. The author analyzed international experience and various approaches to the normative consolidation of rules and principles of interpretation of legal texts. In addition, the article reveals the content of the newest idea of substantiating interpretive law as a part of legal regulation. According to the author, legal standardization of legal interpretation can be carried out in various ways: as an element of the legal technique of law-making, it is possible to ensure authentic interpretation through the adoption of normative legal acts of the same level, in which the legislator clarifies individual terms, phrases, etc.; by adopting, together with a specific act, the desired methods by which this act should be interpreted (special instructions that take into account the peculiarities of the interpretation of a specific legal text); by adopting general interpretive principles and rules for use in the interpretation of any legal texts or for each of their varieties. Finally, the article substantiates the need to establish priority approaches, general standards and principles of official interpretation of legal texts at the regulatory level, to define the main techniques and methods, to clearly outline the range of subjects of official interpretation and the consequences of legal interpretation activity. Key words: legal interpretation, legal interpretation activity, interpretation technologies, rules of interpretation, legal technique, official interpretation, legal regulation, interpretive law.

show abstract

Creating law of interpretation: a risky or fundamental step?

Cited by 4 publications

References 11 publications

Prospects of Transformation of the Institution of Constitutional Justice in the Course of Armed Conflicts

Prospects of Transformation of the Institution of Constitutional Justice in the Course of Armed Conflicts

Incorrect Interpretation in the Light of the Law of Interpretation

Legal regulation of legal interpretation technique: analysis of perspectives in modern conditions.

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