2009Journal of Shanxi UniversityRequires access

The Nature and the Problem of Constitutional Interpretation

Hui Chen

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Abstract

Although the process of the implementation of the constitution is to interpret the constitution,it does not follow that the constitutional interpretation could resolve all problems.In many cases,the result of interpretation is not from the interpretation itself,nor is it from the interior of law.To make reasonable judgments,constitutional interpretation must draw on the resources beyond constitution text.The process of constitutional interpretation proves that the interpretation is not methodology.

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What this paper is about

Although the process of the implementation of the constitution is to interpret the constitution,it does not follow that the constitutional interpretation could resolve all problems.In many cases,the result of interpretation is not from the interpretation itself,nor is it from the interior of law.To make reasonable judgments,constitutional interpretation must draw on the resources beyond constitution text.The process of constitutional interpretation proves that the interpretation is not methodology.

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Available abstract

Although the process of the implementation of the constitution is to interpret the constitution,it does not follow that the constitutional interpretation could resolve all problems.In many cases,the result of interpretation is not from the interpretation itself,nor is it from the interior of law.To make reasonable judgments,constitutional interpretation must draw on the resources beyond constitution text.The process of constitutional interpretation proves that the interpretation is not methodology.

Key concepts: Interpretation (philosophy), Constitution, Constitutional interpretation, Epistemology, Originalism, Process (computing), Law, Political science

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