Constitutional mutation, between constitutional jurisdiction and interpretation

Authors

  • Göran Rollnert Liern

Keywords:

Constitutional transformation, constitutional interpretation, constitutional court, theory of the Constitution

Abstract

The paper defends the centrality of judicial interpretation in the genesis of all constitutional transformation and, on this basis, tackles the connection between transformation and interpretation in the theory of constitutional transformation and states some thesis about the essentially hermeneutic character of all operation of non-formal modification of the Constitution, the absolutely crucial role assumed by the constitutional court in the consolidation of possible transformations and, finally, about the necessary redefinition of the meaning of this category in a Theory of the Constitution that accounts for the changes prompted in the theoretical treatment of the concept.

Issue

Section

STUDIES