O legislador negativo e o intérprete da Constituição.

Authors

  • MARÍA FERNANDA PALMA

Keywords:

The judiciary, legal interpretation, analogy, question of normative constitutionality, effects of constitutional rulings, delimitation of the object of appeal, interpretative rulings, constitutional case judged, most favourable criminal law.

Abstract

This article deals with the virtuality of the constitutional interpreter as a negative legislator and the tense relationship ensuing from this possibility. It also analyses the legal suppositions underlying the way the Portuguese constitutional court has been set up to allow it certain room for maneouvre to such end, and its possibilities of exercising normative control and supervision.

Published

2008-12-19

Issue

Section

THE IMPACT OF THE CONSTITUTIONAL JUDGMENTS