Some Aspects of Interpretation of the Constitution: the Limits of the Expressis Verbis
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Abstract
The content of the interpretation of the Constitution depends on a number of factors. First, it is the legal consciousness and philosophical worldview of the interpreter as well as his/her knowledge of the relevant historical background. Final outcomes of the interpretation, however, depend not only on the qualification or skills of the interpreter. Other significant factors, which may impact the approach to interpretation and possibilities open for the interpreter, are the supreme power of the Constitution and its integrity. A multitude of concepts of the Constitution and in determination while interpreting it is likely to impact the possibilities of interpretation in a limiting manner. The absence of an institutionalized and official interpreter might divide the legal system into independent sub-systems and in this way distort the mono-centric system of law and its concept entrenched in the Constitution itself.
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