THE TELEOLOGICAL INTERPRETATION AND THE DISCOVERY OF THE CONSTITUTION’S EFFICIENCY MEANINGS

Lucian­Sorin Stănescu

FIAT IUSTITIA, 2014, vol. 8, issue 1, 229-239

Abstract: Surprisingly, the judicial research seems to have stopped with the approach of the interpretation methodology at the level of the legal norms in general, paying less attention to this field of law at the level of the norms contained in the supreme law in the hierarchy of the law system. In the Romanian doctrine there is a single and beneficiary monograph focused on the constitution interpretation1 that, noticing the existence of the premise that we stated above, makes an inventory of the interpretation methods for the fundamental law based on general valid guiding marks from the law theory and jurisprudence of the Constitutional Court of Romania. Starting from the observation that the inventory of this monograph lacks just the teleological interpretation, the present study makes an introduction to the epistemological horizon of this interpretative method and it aims to identify the purposes and the principles of the Constitution, as well as the relation between them and the spirit of the fundamental law. The connection between the teleological interpretation method and the constitution efficiency notion may be given by the extent of the immanent purposes’ accomplishment of the fundamental law in the meaning of ensuring an equilibrium state issued by the primary sense of the Pareto optimum among the state powers, among individuals and between the state and the individuals. This equilibrium state is the direct result of the institution of effective mutual control forms between powers, of the governors by the governed and the citizens’ participation to the public decision process.

Keywords: teleological interpretation; Constitution interpretation; Constitution purposes; Constitution efficiency (search for similar items in EconPapers)
Date: 2014
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