大学 考研 笔记 教案 对于宪法的权威性解释——芬兰和挪威之间争论比较

大学 考研 真题 笔记 资料 大纲 教案

AUTHORITATIVE INTERPRETATION OF THE CONSTITUTION:

A Comparison of Argumentation in Finland and Norway

Veli-Pekka Hautamäki (University of Vaasa)

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Contents

Introduction

1. Authority and the interpretation of the Constitution

2. Argumentation and types of argument

3. Is interpretation of the Constitution something special in relation to other laws?

4. Who are the authoritative interpreters of the Constitution in Finland?

5. Who are the authoritative interpreters of the Constitution in Norway?

6. Some examples of the argumentation of the Perustuslakivaliokunta and the Høyesterett

7. Conclusions

Notes

Introduction

This article studies the authoritative interpretation of the Constitution in Finland and Norway. The method is a survey, especially from the perspective of argumentation. The topic is an interesting one because it has close connections to the use of the powers of the state. Thus, one may ask who will determine how the Constitution is to be interpreted and with what arguments. First of all, however, some rather theoretical topics concerning interpretation are discussed. This is necessary for a better understanding of the subject. Next, the theoretical starting points are applied in turn to Finland and Norway. Some concrete examples are taken from both countries to demonstrate the kind of argumentation that was used in the authoritative interpretation of their Constitution.

1. Authority and the interpretation of the Constitution

There are many kinds of authorities in everyday life. An authority could be, for example, a teacher, priest, doctor, one's parents, etc. In the field of law, there are also different kinds of authorities. Authority can present itself in different situations. One such situation is the interpretation of the Constitution. But what exactly does one mean by the authoritative interpretation of the

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