Interpretation of the rule of law: types, meaning and application

The interpretation of the rule of law is a description and a detailed explanation of the legislative provisions made with the aim of eliminating the ambiguous reading of the content set forth in legislative acts. Thanks to this activity, uniformity is achieved in the application and awareness of the rule of law, stability and legality in the state.

interpretation of law

In this case, it is necessary to distinguish between types of interpretation, based on their legal force and, consequently, the consequences for law enforcement, and this depends on the entities producing the interpretation. So, the interpretation of the rule of law is carried out by each of us when we delve into the essence of a particular act and for ourselves clarify its content. Interpretation of legal norms is also carried out by theoretical scientists or practicing authors who publish in the media their explanations on the essence of legislative norms. These two types are optional, they are just an expression of our point of view or the opinion of one or another author, institute, publishing house.

The interpretation of the rules of law produced by authorized bodies of state power acquires a completely different meaning. It is official, its application is mandatory for all cases to which the norm to be clarified applies. The Constitution of the Russian Federation defines a circle of entities that are competent to interpret legal norms: only the Constitutional Court has the right to interpret the norms of the Constitution itself.

interpretative acts
The Supreme Court of the Russian Federation issues rulings of the Plenums, which summarizes judicial practice, judicial statistics, and develops uniform rules for applying the norms of legislative acts binding on the courts of other judicial instances. The same function is characteristic of the Supreme Arbitration Court of the Russian Federation.

In other cases, the right to interpret legal norms belongs to the authority that issued them. Thus, laws are interpreted by the State Duma, government decisions are interpreted by him or the relevant ministry, which is in charge of this issue. All these explanations are published in official sources in the manner prescribed for the interpreted documents themselves, since acts of interpretation of the rules of law are independent units, they have the same power.

During the formation of the legal state system, the activity on the official interpretation of legal acts is the most important tool to protect against incorrect application and fulfillment of the will of the legislator, based on the literal, verbal meaning of the wording of the legislation.

interpretation of law
A competent interpretation conveys to the law enforcers the spirit and meaning of the law, based on the basic principles of legislation, the concept of the document, ensuring the protection of legality. An unacceptable broad interpretation of the rule of law can lead to negative consequences , in which new rules are born.

Another violation is a restrictive interpretation that narrows the limits of the norm. The interpretation of the rule of law is a complex complex process aimed at reconstructively understanding the true meaning of the content of the rule based on the will of the legislator.

Source: https://habr.com/ru/post/E23372/


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