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Interpretation Of The Legal Order

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Chapter Summary

It is necessary to distinguish between interpretation and application of the law. Whilst the objective of interpretation is to determine what the law states, that of application is to see if a case is subsumed, if it falls within the circumstance of a norm's fact or not, with the aim of attributing the legal effects which correspond to it. Interpretation is the enquiry or investigation of the true meaning of the norm using the data or indicators. The chapter examines each one of these criteria (literal or grammatical interpretation, the logical interpretation, the systematic interpretation, the historical interpretation and the sociological interpretation). The theme of interpretation of the Constitution takes on special importance in any democratic system, and especially in those which, just as the Spanish one, feature a constitutional jurisdiction.

Keywords: constitutional jurisdiction; grammatical interpretation; historical interpretation; legal order; logical interpretation; sociological interpretation; systematic interpretation

10.1163/ej.9789004179325.i-376.27
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