Conform Interpretation as a Method for Balancing Autonomy and HeteronomyIntroduction
- Bengoetxea Caballero, Joxerramon (coord.)
- Jung, Heike (coord.)
ISSN: 2079-5971
Year of publication: 2011
Issue Title: Autonomy and Heteronomy of the Judiciary in Europe
Volume: 1
Issue: 9
Type: Article
More publications in: Oñati socio-legal series
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.