Additive Judgments and Major Conflicts in the Field of Constitutional Interpretation

Authors

  • Jorge Alberto Taylor Santos Dirección de Niñez, Adolescencia y Familia (DINAF)
  • Angelica Saraí Santos Hernández Secretaría Ejecutiva Programa Presidencial Honduras 2020

DOI:

https://doi.org/10.5377/lrd.v42i1.12936

Keywords:

Additive Sentences, Weighting, Constitutional Interpretation, Constitutional Mutation

Abstract

The consistent interpretation and weighting trials are undoubtedly two interpretative remedies of paramount importance when carrying out exercises of constitutional interpretation, which, and on the basis of the premise that the constitution as the supreme legal norm of legal systems can be applied directly to most actions and legal life of countries. However, the challenge of developing these principles of interpretation is few and often carries serious risks as to the overreach that may arise in their application. While there are risks, the Honduran Constitution contains opening clauses that add to a System of Human Rights integration as strong as the Inter-American System of Human Rights, and the United Nations Universal System through its special procedures, puts jurists in a crucial situation, since they become forced into the administration of justice , which necessarily entails an interpretive exercise of the Constitution, often on issues of high controversy for its strong political content and values.

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Author Biographies

Jorge Alberto Taylor Santos, Dirección de Niñez, Adolescencia y Familia (DINAF)

Master in Constitutional Law, Head of the Legal Advisory Unit, Directorate for Children, Adolescents and Family (DINAF)

Angelica Saraí Santos Hernández, Secretaría Ejecutiva Programa Presidencial Honduras 2020

Master in Constitutional Law, Executive Secretariat of the Presidential Program Honduras 2020

Published

2021-12-15

How to Cite

Taylor Santos, J. A., & Santos Hernández, A. S. . (2021). Additive Judgments and Major Conflicts in the Field of Constitutional Interpretation. La Revista De Derecho, 42(1), 117–136. https://doi.org/10.5377/lrd.v42i1.12936

Issue

Section

Section 1: Research