Constitution, Interpretation

Abstract

The constitution is the basic law of the state, with a special content and form. Constitutions, understood in this way, were adopted from the end of the eighteenth century, as a consequence of democratic revolutions. The aim of the first written constitutions was to indicate the limits of government power. Nowadays, the constitution is the highest law of the state, but its position is influenced by international affairs and European integration. Usually, the constitution needs to “find” its place in the system of international law and European law. This is especially important with regard to the supremacy of the constitution. Many of the constitutional courts of the European Union Member States provided such an interpretation of the constitution that, on the one hand, highlights the highest force of its provisions, and on the other hand, opens it toward European law. Constitutional provisions are general in character and need to be interpreted. This concerns especially the provisions that have a form of principles. Such legal norms (principles) express important values and are part of the so-called constitutional identity. Constitutional interpretation plays a key role in the application of the constitution as a legal act. In current times, constitutional interpretation becomes more and more important.