3. Constitutional Interpretation

Question 1

Explain the grammatical approach

Answer 1

Focuses on use of language, meaning of terms, grammar, syntax

Question 2

Explain the systematic approach

Answer 2

Interprets a norm in light of the systematic context with other legal provisions. Headings must also be taken into consideration

Question 3

Explain the historical approach

Answer 3

Establish the meaning of a norm at the time of its creation.

Subjective: focuses on historical intent of the drafters
Objective: finds meaning that was generally attributed to the provision at the time of enactment

Question 4

Explain the teleological approach

Answer 4

Defines the purpose of a norm. In the light of purpose, values, legal, social and economic goals the provisions aim to achieve

Can be used with the historical approach

Question 5

Explain the pluralism of methods

Answer 5

No hierarchy in which interpretation takes precedence over another. The court takes into account all approaches and combines them.

Eg. Determining the wording is not enough to determine how the norm should be applied.

Question 6

Explain interpretation in conformity with constitution and with international law

Answer 6

Constitution: when applying pluralism of methods, interpretation leads to different results it must be considered which of the provisions are in line with the values of the constitution.

International law: if possible the swiss court should determine the swiss domestic law in a way which conforms best with Switzerland’s obligations under international law

Question 7

What are the different forms of constitutional interpretation?

Answer 7

1. Grammatical
2. Systematic
3. Historical
4. Teleological
5. Pluralism of methods
6. In conformity with the constitution
7. In conformity with the international law