Toistuvia pettymyksiä: pohdintaa perustuslain tulkinnan vaikeudesta
Avainsanat:
perustuslaki, tulkinta, Robert Cover, perusoikeudet, väkivaltaAbstrakti
Recurring disappointments: The difficulties of interpreting the
Constitution
The article discusses constitutional interpretation in the Finnish context. It is noted that every generation seems to be disappointed with legal interpretation. The author recognises some unrealistic presuppositions, which involve the idea
of interpretation being neutral, certain, predictable, and stable. By reference to Robert Cover’s legal theory, the author analyses the ways in which legal interpretation is always violent. Especially the concept of nomos is utilised to draw out
the specific nature of constitutional interpretation. Cover’s framework facilitates a nuanced understanding of interpretation – one that might not lead to similar disappointments in the future. By noting that interpretation is both bound and free, but always dynamic, the author emphasises the benefits of interpretation that changes according to different societal circumstances.
