Constitutional justice and the realization of the key values of constitutionalism

Judges play a pivotal role in contemporary constitutionalism, interpreting both ordinary laws and the Constitution. Their role involves fully realizing the Constitution's intent and safeguarding it through judicial mechanisms. Judges must approach the Constitution as a living document, integrating its evolving dynamics into their jurisprudence. This requires employing a teleological approach, seeking the Constitution's objective intent as understood at the time of interpretation, independent of the framers' historical perspectives. Judges, particularly constitutional judges, must consider the Constitution's core value system—human dignity, freedom, and equality—and integrate these principles into their interpretations. The Constitution encompasses unwritten laws, and revealing these is essential to judicial interpretation. Conflicts between constitutional values should be resolved through the principle of practical concordance. Judges also serve an internationalization function, considering the influence of inter- and supranational law as envisioned by the Constitution. National fundamental rights should be interpreted in alignment with regional and universal human rights frameworks.

Authors

Publication Details

Journal
Philosophy of Law and General Theory of Law
Published
2024-12-28
DOI
https://doi.org/10.21564/2707-7039.2.318389
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Constitutional justice and the realization of the key values of constitutionalism

Rainer Arnold
Philosophy of Law and General Theory of Law
Judicial and Constitutional Studies
article

Constitutional justice and the realization of the key values of constitutionalism

Rainer Arnold
article en

Abstract

Judges play a pivotal role in contemporary constitutionalism, interpreting both ordinary laws and the Constitution. Their role involves fully realizing the Constitution's intent and safeguarding it through judicial mechanisms. Judges must approach the Constitution as a living document, integrating its evolving dynamics into their jurisprudence. This requires employing a teleological approach, seeking the Constitution's objective intent as understood at the time of interpretation, independent of the framers' historical perspectives. Judges, particularly constitutional judges, must consider the Constitution's core value system—human dignity, freedom, and equality—and integrate these principles into their interpretations. The Constitution encompasses unwritten laws, and revealing these is essential to judicial interpretation. Conflicts between constitutional values should be resolved through the principle of practical concordance. Judges also serve an internationalization function, considering the influence of inter- and supranational law as envisioned by the Constitution. National fundamental rights should be interpreted in alignment with regional and universal human rights frameworks.

Philosophy of Law and General Theory of Law(2)
Peace, Justice and strong institutions
Openalex Percentile: Top 54%
Judicial and Constitutional Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.