Conform Interpretation as a Method for Balancing Autonomy and Heteronomy: Introduction

Authors

  • Joxerramon Bengoetxea Euskal Herriko Unibertsitatea - Universidad del País Vasco

Keywords:

Conform interpretation, objective interpretation, textualism, autonomy of the judiciary, legal interpretation, supreme courts, constitutional courts

Abstract

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.

DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1991701

Downloads

Download data is not yet available.
Views 189
Downloads:
PDF 92


Author Biography

Joxerramon Bengoetxea, Euskal Herriko Unibertsitatea - Universidad del País Vasco

Reviewing interests: legal philosophy; legal theory; legal reasoning; EU law; Legal cultures and comparative law (legal pluralism, globalisation and law); Judiciary; Labour law-employment policy, lifelong learning policy; governance; regionalism and nationalism in Europe; European Integration and Constitutional Pluralism; European Human Rights; Soft Law and policy makin; Law-making, legislative drafting; Multilingualism; Reasonable Accommodation; Anti-terrorism in EU, risk and security; Sources of law; General Legal Principles; Cohesion policy; Serives of General Public Interest; Judicial dialogues

Downloads

Published

25-01-2012

How to Cite

Bengoetxea, J. (2012) “Conform Interpretation as a Method for Balancing Autonomy and Heteronomy: Introduction”, Oñati Socio-Legal Series, 1(9), p. 5. Available at: https://opo.iisj.net/index.php/osls/article/view/177 (Accessed: 23 December 2024).

Issue

Vol. 1 No. 9 (2011): Autonomy and Heteronomy of the Judiciary in Europe

Section

Ensuring legitimacy: conform interpretation

License

OSLS strictly respects intellectual property rights and it is our policy that the author retains copyright, and articles are made available under a Creative Commons licence. The Creative Commons Non-Commercial Attribution No-Derivatives licence is our default licence, further details available at https://creativecommons.org/licenses/by-nc-nd/4.0 If this is not acceptable to you, please contact us.

The non-exclusive permission you grant to us includes the rights to disseminate the bibliographic details of the article, including the abstract supplied by you, and to authorise others, including bibliographic databases, indexing and contents alerting services, to copy and communicate these details.

For information on how to share and store your own article at each stage of production from submission to final publication, please read our Self-Archiving and Sharing policy.

The Copyright Notice showing the author and co-authors, and the Creative Commons license will be displayed on the article, and you must agree to this as part of the submission process. Please ensure that all co-authors are properly attributed and that they understand and accept these terms.