Riccardo Guastini

Ancora sull'interpretazione costituzionale

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Abstract

Constitutional interpretation is not something different from juridical interpretation in general: the entire set of conceptual tools elaborated in connection with general theory of juridical interpretation is also valid for constitutional interpretation. Constitutional interpretation has an indisputable specificity as far as the agents of interpretation, but here certain points must made clear, since the question of who (if any) are the privileged agents of constitutional interpretation is a rather intricate matter. It seems highly inappropriate to indiscriminately label as interpretation all the many intellectual operations that jurists (and judges) perform. Anyone who fails to make distinctions precludes analysis.

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