Legal interpretation, and its ‘creative’ nature, is a hotly debated topic. Especially in the context of contemporary Constitutional states, interpretative discretion of judges seems to have increased exponentially. This short essay aims at clarifying this issue, from a perspective primarily of legal theory and the theory of legal interpretation: I will not propose magic formulas or a definitive answer to this problem, but at the very least I will try to clarify the basic elements of the problem of interpretive creativity, and to dispel some possible misunderstandings that lurk in this debate.
Pino, G. (2023). Sul problema della creazione giudiziale del diritto. DIRITTO & QUESTIONI PUBBLICHE, 23(1), 179-190.
Sul problema della creazione giudiziale del diritto
pino
2023-01-01
Abstract
Legal interpretation, and its ‘creative’ nature, is a hotly debated topic. Especially in the context of contemporary Constitutional states, interpretative discretion of judges seems to have increased exponentially. This short essay aims at clarifying this issue, from a perspective primarily of legal theory and the theory of legal interpretation: I will not propose magic formulas or a definitive answer to this problem, but at the very least I will try to clarify the basic elements of the problem of interpretive creativity, and to dispel some possible misunderstandings that lurk in this debate.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
