Conform Interpretation as a Method for Balancing Autonomy and Heteronomy: Introduction
Keywords:
Conform interpretation, objective interpretation, textualism, autonomy of the judiciary, legal interpretation, supreme courts, constitutional courtsAbstract
Conform interpretation is seen as a method to find compatibility between legal norms belonging to different, but coordinated systems or to find coherence within the system. In either case conform interpretation implies a shared interpretative culture and has important consequences for legal theory – including the theories of legal culture - and legal practice from a dogmatic perspective but also from a procedural and sociological perspective (sociology of the legal professions). It also has important political implications regarding autonomy and the separation of powers and the role of constitutional courts in a context of constitutional pluralism. The issue of conform interpretation is here addressed from a historical-cultural as well as philosophical-comparative perspective.
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