Interpretative duplicity: Juridical interpretation in general and constitutional interpretation

Abstract

This paper seeks to study the techniques that a judge tends to use to determine the normative content which can be considered in a legal-normative text. The analysis of these techniques is made using two different points of view: First, dealing with the features that characterize every use of juridical interpretation, including the constitutional one; second, bearing in mind the special characteristics of constitutional interpretation. To delimit the meaning of the words “juridical interpretation” and “constitutional interpretation”, we must make reference to the interpreter of laws and also to the methods used in juridical interpretation. In the same way, we must take a view to the various interpreters who are called to delimit the meanings of the articles of the Constitution and the essential and particular criteria that must be observed in the process of constitutional interpretation. This paper starts from a theory about juristic interpretation which is used as a basement for the following interpretation of the Constitution´s articles. Through this way we are protecting the unity of the juristic system, but at the same time we are taking into account the diversity of the norms.