LEGAL ORDER AND INTERPRETATION OF LAW: HOW THE INTERPRETATION OF LAW SHAPES STATE POWER
DOI:
https://doi.org/10.35120/sciencej0402007pKeywords:
interpretation of law, legal order, state power, legislative power, jurisprudence, legal hermeneutics, international law, crisis situations, constitutional courtAbstract
Interpretation of law is a central process that shapes the legal order, enables the application of legal norms and affects the functioning of state power. This paper analyses different approaches to the interpretation of law – grammatical, systemic, teleological and practical interpretation – and their significance for achieving legal certainty, fairness and efficiency. Special emphasis is placed on the interdependence of legislative, executive and judicial powers, exploring how the interpretation of laws affects decision-making, policy implementation and dispute resolution. The role of jurisprudence and constitutional law is discussed in detail through examples from the practice of the Constitutional Court of Serbia, which shows how the interpretation of the Constitution can redefine relations between different branches of government and adapt the legal order to contemporary challenges. The paper also includes an analysis of the impact of international law and its harmonization with domestic legislation, emphasizing the complexity of legal hermeneutics in a globalized legal context. Through case studies, such as flexible interpretation of the law during emergency situations (e.g. the COVID-19 pandemic), the importance of adaptability of legal norms to preserve the stability and continuity of the state has been highlighted. Finally, the paper points to the need for a balanced and coherent approach to the interpretation of law in order to ensure the legal order, the trust of citizens and the legitimacy of state authority. Interpretation of law is a key instrument that enables legal norms to remain relevant and applicable in different social, economic and political contexts. The paper especially emphasizes the importance of continuous education of legal experts and the improvement of legal practice in order to ensure consistent and efficient application of law in modern conditions.
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