On liguistic Interpretation : Based on the Example of the Constitutional Competencies of the President of the Republic
Abstract
The purpose of this article is to demonstrate that the interpretation of the legislation is necessary to consider not only the text of specific provisions, but also their wider context. In addition to this necessity sometimes indirectly points and the text of the interpreted provision.
In this article, so we modify the powers of the President in the Constitution, which contains a seemingly clear and simple list. But a closer look reveals that in addition to resolution powers exercised independently and in collaboration with the Government of the text of the Constitution contains only little detailed information on how to exercise these powers, while their linguistic expression in this sense is rather confusing.
It was most evident in the case of amnesty, which the president by the Constitution "have the right to grant" amnesty, although it is countersigned decision without a specific addressee. The very text of the Constitution encourages us and for us in its interpretation proceeded cautiously.
The necessity of taking into account the broader context, however, can be applied to the interpretation of any (legal) text. Interpretation of not reflecting the wider context is not adequate, it is called "formalist" and is especially bad because it does not match the text, which is shielded.