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Between Authority and InterpretationOn the Theory of Law and Practical Reason$
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Joseph Raz

Print publication date: 2009

Print ISBN-13: 9780199562688

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199562688.001.0001

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On the Authority and Interpretation of Constitutions: Some Preliminaries

On the Authority and Interpretation of Constitutions: Some Preliminaries

Chapter:
(p.323) 13 On the Authority and Interpretation of Constitutions: Some Preliminaries
Source:
Between Authority and Interpretation
Author(s):

Joseph Raz (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199562688.003.0013

This chapter discusses the authority and interpretation of constitutions. A principle of constitutional theory that commands widespread support says that the principles of constitutional interpretation depend in part on the theory of constitutional authority. In determining the conditions for constitutional legitimacy, the theory of the authority of the constitution contributes to the determination of principles of interpretation. It is argued that this sound principle is also the source of many false analogies motivated by attempts to assimilate the authority of the constitution to that of other parts of the law.

Keywords:   legal interpretation, legal authority, legal theory, constitutional theory

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