Interpretation of the constitution –

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Reasons and criteria of constitutional interpretation


Legal norms and in particular the constitution are formulated open to be a stable base even in changing times, and not to become obsolete within a short time. Therefore for the practical application, the law must be interpreted.

For this interpretation, there are different methods:

The latter is the method preferred by the Federal Constitutional Court for constitutional interpretation.

Especially with the constitutional interpretation it also applies the principle of the unity of the constitution, that is, a norm of the constitution must be interpreted in a way that it is as much consistent as possible with the other norms of the constitution, in particular with the constitutional principles. Furthermore, in the case of conflicting constitutional norms, for example basic rights, the principle of practical concordance ensure that each of the norms has an optimal effect.

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