본문 바로가기
  • Home

A Study on the Nature and Limits of the Principle of Constitutional Interpretation of the Law

  • Public Land Law Review
  • Abbr : KPLLR
  • 2018, 82(), pp.447-472
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : April 30, 2018
  • Accepted : May 14, 2018

Lee Young Woo 1

1목원대학교

Accredited

ABSTRACT

The Principle of Constitutional Interpretation of the Law is a technique of legal interpretation that it should be interpreted as constitutional even if the law is deemed unconstitutional if there is any possibility to be interpreted in accordance with the Constitution. Such a is usually done to avoid the possibility that the law may be declared unconstitutional, thus causing the law to be ineffective, or even facing further confusion. This constitutional principle of legal interpretation was established mainly through precedent cases in the United States and Germany. The current Constitutional Court law makes no provision on it, but it is used in as many different ways as any other variant. In other words, the Constitutional Court shall carry out its function to explore the purpose of legislation in a more precise way than to explain the purpose of legislation by means of the method of Constitutional Interpretation of the Law and it is responsible for making the Constitution a reality through its duty to interpret and apply the law.

Citation status

* References for papers published after 2022 are currently being built.