THEORETICAL AND PRACTICAL BASIS FOR APPLYING METHODOLOGICAL PECULIARITIES IN CONSTITUTION INTERPRETATION

Abstract

In the process of legal interpretation, a common question arises whether the provisions of the constitution and other normative legal acts should be interpreted using the same methodology, or if they possess certain unique characteristics.

Studying the reasons, the characteristics of the constitution that cause the need to apply a special methodology in the process of interpreting the constitution, including being a unique legal act of its kind, having the highest legal force in the legal system, being both a legal and a political document at the same time, having a specific object and method of regulation, having the goal of limiting public power, having broad and general regulations, stability, value-based nature and containing legal symbols - we believe that they create the need for the interpretation of the norms of the constitution to be carried out with a special methodology, which will not be limited to the leading methods of legislative interpretation, and the main purpose of which should be to ensure the interpretation of the constitution in accordance with the values reflected in it.