Who guards the guardian? Virtues and constitutional interpretation

Maija Aalto-Heinilä

Chapter 10 in Virtues and the Rule of Law, 2026, pp 186-210 from Edward Elgar Publishing

Abstract: Constitutions are vital for the rule of law in liberal democracies: their essential function is to provide constraints on political powerholders and to secure the fundamental rights of citizens. But constitutional norms, especially those expressing fundamental rights, can be abstract and open-ended. Their more precise meaning requires specification in concrete cases. Then the instance whose interpretations of the constitution are authoritative plays a crucial role in the realization of the rule of law. Considering their institutional position as guardians of the constitution, as well as the abstract nature of constitutional provisions, a lot hangs on the personal characteristics of the authoritative interpreters: their actions cannot be strictly rule-bound. After sketching the connections between constitutions, the rule of law, and constitutional control, I argue that independence, humility, teamwork and practical wisdom are (some) of the key virtues that authoritative constitutional interpreters should have.

Keywords: Constitution; Constitutional Control; Interpretation; Virtues; The Rule of Law; Independence (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035398072
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