| Constitutionality interpretation of law seeks the reconciliation and compromise between the interpreter's obligation to respect the legislative power and his obligation to respect the basic values of the constitution, so as to ensure that the legislator's will can be realized to the maximum extent within the scope of the constitution. To respect the legislative power, legal norms should not be required to be logically consistent with constitutional norms, but only be required to be consistent with constitutional norms in value evaluation. Therefore, constitutionality interpretation of law is not a method of logical systematic interpretation, but an independent interpretation method separated from systematic teleological interpretation. Compared with the classical interpretation methods, constitutionality interpretation method has a definite priority in the effectiveness of argument, which can suppress the explanatory tendency of classical interpretation methods and be realized firstly in the conclusion of interpretation. Its methodological structure differs significantly from that of constitution-based legal interpretation, which is not an interpretation method of priority, but an interpretation method of measurement. To realize the compatibility between interpretation conclusion of legal norms and the basic values of the constitution, the literal meaning of legal norms can be expanded or limited. However, the substantive aspects of the literal meaning may not be excluded or tampered with, so as to respect the legislative power. |
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