Article | Official Interpretation of Constitution: Combination of Ontological and Epistemological Approaches |
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Authors | Gadzhiev G. |
Name of magazine | Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language) |
Issue | 2 / 2012 |
Pages | 14 - 38 |
Annotation | The article attempts to answer the question whether the act of judicial construction and its result — legal view — can be simultaneously the act of will and the result of scientific knowledge. The article illustrates that legal views of the Constitutional Court are first of all the acts of cognition, but also contain secondary legal ideas which have obligatory meaning; therefore they are sources of law. The author emphasizes the correlation between the right to special view, liberalization of the judicial practice, development of law in the court acts and constitutional principle of democracy. |
Keywords | ontological approach, epistemological approach, constitutional legal conceptual space, transformation of the Constitution, construction of norms of the Constitution, legal interpretation. |
References | |
Electronic version | Download |