A conceptual reconstruction of the judicial application of the constitution
Abstract
This paper will distinguish between three ways in which courts may apply the norms of a constitution. On the one hand, those norms maybe applied directly to solve a case. On the other hand, may be used to identify other norms of the legal system. Finally, constitutional norms may be understood as conditions for the applicability of other norms. This paper will analyze each of those uses.
doi: https://doi.org/10.20318/eunomia.2017.3641
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