Metodo

International Studies in Phenomenology and Philosophy

Series | Book | Chapter

225672

Judicial interpretation in transition from the ancien régime to constitutionalism

Michael Stolleis

pp. 3-17

Abstract

If every law requires interpretation, the central question becomes: who will interpret it? In the time of absolutist kingdoms, the central political power did not allow diverging interpretations. The judge was little more than an instrument in the hand of the sovereign. From the second half of the 18th century onwards (the early modern period) state and (bourgeois) society slowly became more distant. The judge gained his independence, and also his role as an interpreter of the law. Hence, the guiding line for interpretation was no longer the (supposed) will of the sovereign, but rather the (fictitious) will of the parlamentarian legislator.

Publication details

Published in:

Morigiwa Yasutomo, Stolleis Michael, Halpérin Jean-Louis (2011) Interpretation of law in the age of enlightenment: from the rule of the king to the rule of law. Dordrecht, Springer.

Pages: 3-17

DOI: 10.1007/978-94-007-1506-6_1

Full citation:

Stolleis Michael (2011) „Judicial interpretation in transition from the ancien régime to constitutionalism“, In: Y. Morigiwa, M. Stolleis & J. Halpérin (eds.), Interpretation of law in the age of enlightenment, Dordrecht, Springer, 3–17.