The ideology of fundamental rights as a prerequisite for their rational interpretation

Abstract

The manner in which an interpreter of the Constitution, and especially of fundamental rights, approaches the interpretation of the Constitution is based on a deeper constitutional philosophy that each interpreter consciously or unconsciously possesses. This philosophy presupposes some degree of identification with the principles and values of the Constitution and, above all, with the meaning of fundamental rights.

Keywords

• Ideology
• fundamental rights
• presumption
• rational interpretation
• constitutional interpretation
• constitutional philosophy