Abstract

RODRIGUEZ PUERTO, MANUEL. The Interpretation of Legal Norms as a Constitutional Problem. A Reflection Based on the Spanish Case. Díkaion [online]. 2018, vol.27, n.2, pp.175-204. ISSN 0120-8942.  https://doi.org/10.5294/dika.2018.27.2.1.

The interpretation of legal norms is a relevant issue with respect to Constitutional Law. This branch of the legal order regulates the output and the validity of the legal system as a whole. The relevance of a norm depends on its meaning and this, in turn, is a matter of interpretation. The purpose of this article is to clarify, from the standpoint of Spain's Constitution, what is the most appropriate legal methodology to meet the demands of constitutionalism. The proposal outlined in these pages makes the case for a "sensible hermeneutics" that respects both the legal text as well as the need to find arguments that offer a reasonable solution to problems with interpretation. This kind of hermeneutics, and its arguments and criteria, have been rooted in the tradition of legal science since medieval times.

Keywords : Constitutionalism; legal interpretation; method; hermeneutics.

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