Some Aspects of the Interpretation of the Constitution: the Possibility and Limits of Valuable (Moral) Arguments

Abstract

Constitution is an exclusive legal document, and its interpretation is a process – a continuous work of explanation of its content, the end and qualitative perfection of which may only be considered taking into account the limits of intellectual potential of the particular time. The interpretation of constitution is a permanent process, which is influenced and determined by plenty of conceptual factors. Firstly the supreme juridical power of the constitution as well as its integrity determines the opportunities of its interpreter and applier. Integrity of the constitution is considered to be the legal, philosophical, logical integrity of its norms, which determines an obligation of its interpreter to perceive this legal act as an integral unit, i.e. not only as a catalogue of particular values, but also as a balance of these values. All the constitutional expressis verbis provisions are equal in its’ juridical power, that is why they do not negate each other, on the contrary – each of them only complement others’ content. Besides, it is important to mention that exceptional juridical power of the constitution determines its interpretational self-sufficiency. Constitution can not be interpreted invoking the content of the acts of lower juridical power.