司法过程中的合宪性解释

On the Conformity-with-Constitution Interpretation in Judicial Process

当法律规范产生多个可能解释时,法官依职权应选择最符合宪法原则、并使该规范得以维持的解释。基于现代社会强调宪法基本价值而出现的一种法律解释方法,合宪性解释是宪法司法化在法律解释学领域的集中体现,其实质乃是传统法律方法论的体系解释向公法领域的延伸。司法过程中正确适用合宪性解释方法,需要遵循合宪性推定等原则与规则。合宪性解释方法是目前中国宪法司法化的一条有效路径。

The conformity with the constitution of the interpretation is that when some legal norm possibly has more than one explanation in judicial process, the judge must choose the explanation most conformable to the constitution according to his duty, meanwhile keep the norm remains in effect. It is a legal method in modern society when the constitutional values are emphasized. It is a symbol of the constitutional judicialization in legal hermeneutics. In essence, it is the extension of systematic interpretation in traditional legal methods to public law area. To appropriately use this method in judicial process, we must abide by such principles and rules as the presumption of constitutionality. The method of interpretation conforming to the constitution is an effective way to constitutional judicialization in China.