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

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

Keywords

• Conform interpretation
• objective interpretation
• textualism
• autonomy of the judiciary
• legal interpretation
• supreme courts