Abstract

CASTANO ZULUAGA, Luis Ociel. Hermeneutics of what is juridical in the new constitutional scheme: guidelines to be taken into account for achieving an appropriate juridical interpretation. Opin. jurid. [online]. 2009, vol.8, n.15, pp.77-95. ISSN 1692-2530.

From an analytical theoretical study, there is an intention to promote awareness and respect for the legal practitioner's work. The essay becomes important when in the academic discussion it presents some statements which help positioning law, teaching about its application. The article refers to postulates of the new law and makes emphasis on how interpretation of norms should be carried out taking into account the respect for juridical principles. It also highlights the contribution of the "law structuring theory" to law application, with its juridical method which is a vital factor in the process for making a juridical norm real, understood as a "decision norm." This theory refines and complements the classic way how the legal practitioner tackles his work, supported by Savignian legal interpretation guidelines which have stopped being enough criteria for assuming constitutional interpretation. The article also introduces some guidelines about the way how constitutional interpretation should be made, making emphasis on the contemporary iusteórico Friedrich Müller.

Keywords : Hermeneutics; constitutional interpretation; jurisprudence; juridical method; social state; democratic right state.

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