Page 40 - English for Constitutional Law
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Due to the abovementioned importance, it is customary in every law textbook to
describe various interpretation methods. Many legal scholars divide interpretation methods
into five types and three construction methods. In this case, the construction method is
considered not included in the definition of interpretation. However, the kinds of
interpretation methods are grouped differently from other scholars.
Utrecht divided the method of Constitution interpretation into five, namely: (1)
interpretation according to the meaning of the word or term, (2) historical interpretation, (3)
systematical interpretation, (4) sociological interpretation, and (5) authentic or official
interpretation. Mertokusumo et al. in Hamidi stated that there are eleven kinds of legal
interpretation methods, namely: (1) grammatical interpretation, (2) historical interpretation,
(3) systematic interpretation, (4) sociological or teleological interpretation, (5) comparative
interpretation, (6) futuristic interpretation, (7) restrictive interpretation, (8) extensive
interpretation, (9) authentic interpretation, (10) interdisciplinary interpretation, and (11)
multidisciplinary interpretation.
Ronald Dworkin has another different opinion on this matter. He identifies that there
are six interpretation models in legal science, namely: (1) creative interpretation, (2) artistic
interpretation, (3) social interpretation, (4) constructive interpretation, (5) literal
interpretation, and (6) conversational interpretation.
Apart from all kinds of interpretation methods above, one thing that needs serious
attention is that law, both written and unwritten, is a concept that originates from words that
were previously spoken by one, two, or more people who are then arranged in sentences.
Each of these words contains several or even many meanings, so that law in the context of
norms is symbols or signs arranged in such a way in the form of articles outlined in the
formulation of constitutions, rules, or regulations - other written regulations.
Written law within certain limits can be traced, although sometimes it can be
challenging when applied to a case in many situations and social conditions. Corruption, for
example, is a word that requires precision in its application even though the formulation is
clear.
Exercise 4. Select the correct answer
1 What is the purpose of interpretation in law and legal science?
.
a. T o confuse people
b. T o resolve cases and make decisions
c. T o ignore legal texts
d. T o create new laws
2 . Which method of interpretation can function as a method for amending the constitution?
a. Formal amendment
b. Judicial interpretation
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