The Interpretive law, between the different meanings given by pedants and the abusive legislator’s intervention in jurisdictional disputes
The Interpretive law, between the different meanings given by pedants and the abusive legislator’s intervention in jurisdictional disputes
Author(s): Oana Maria BălanSubject(s): Constitutional Law, Philosophy of Law
Published by: Editura Universitaria Craiova
Keywords: interpretative law; authentic interpretation; retroactivity; ambiguity of a normative text; confusions and jurisprudential struggles;
Summary/Abstract: The consequence of authentic interpretation consists in an interpretive law. This interpretive law tends to clear up the meaning of a previous equivocal law, without creating further rights. The interpretive law must not be a new law. The procedure of interpretive law has to be employed only when the ambiguity of a normative text leads to confusions and jurisprudential struggles. Since it has as a purpose to clear up the meaning of the previous law, the interpretive law is part of the one which is being interpreted. Regarding to this, the interpretive text is a declarative law, because it proclaims the meaning that the interpreted law has always had. The approach of the interpretive laws theory is highly delicate.
Journal: Revista de Științe Politice. Revue des Sciences Politiques
- Issue Year: 2011
- Issue No: 32
- Page Range: 157-162
- Page Count: 6
- Language: English