The contextual dependence of terms in the ruling of the Constitutional Court: Exemplary notes for a theory of the interpretation of constitutional language

Angelo Costa

Abstract

This study aims to offer a jurisprudential look at the contextuality of language by investigating the term used by the Judge as an element of the more overall phenomenon of constitutional law. It is obvious that in a page of legal theory, there can certainly be a reading according to which the text of the sentence of the Constitutional Court and the terminology used represent one the process and the other the result of the same complex procedure which we will try to clarify during this study.
The categorical perception, therefore, within the sentence, in an admittedly contextual perspective, aims to provide a lot of information to the attentive interpreter who works through procedures and methods aimed at the terminological and structural analysis of the sentence, by means of a solid theoretical reflection of the arguments and conclusions necessary to explain the relationships between concepts and terms, studying the lexicon of the sentence and leaving out, also because such an investigation would be the responsibility of others, the morphological and syntax aspects and focusing attention on the principle of univocality of the concept of term by means of a synchronic approach that highlights the conceptual system of each term of the sentence, focusing on the frequency of use in order to grasp the structuring of the sentence to create an interpretative criterion that can exploit consolidated doctrinal knowledge.