Reservations of interpretation in constitutional jurisprudence

By Grâce Kashama Matolu

The Constitutional Court's review of the constitutionality of laws allows it to verify the conformity of these laws with constitutional norms. However, the constitutional judge is no longer satisfied with answering "yes" or "no" in his rulings; he has developed the ability to guide the interpretation of incomplete, obscure or ambiguous laws with a "yes, if and only if...". The Constitutional Court of the Democratic Republic of the Congo uses the technique of declaration of conformity subject to interpretation, as do many other constitutional jurisdictions today. In such different and perilous contexts, interpretation subject to interpretation raises many concerns. Among other things, it would be necessary to know: What is the nature of the reservation of interpretation? Why does the judge apply it? What authority does it have? What are the consequences for the constitutional judge, for the legislature and for the law? Insofar as it creates the norm, can the constitutional judge be considered to replace the legislator? These are the questions that this study answers.

• Format: Paperback
• Language: English
• ISBN: 6206068293
• ISBN13: 9786206068297
• Release Date: June 2023
• Publisher: Our Knowledge Publishing
• Length: 56 Pages
• Weight: 0.21 lbs.
• Dimensions: 0.1" x 6.0" x 9.0"