La interpretación conforme con la Constitución: Una aproximación conceptual

Abstract

Interpretation according to Constitution (constitutional avoidance canon) is an example of the constitutionalization of law phenomenon (in Civil law). It's a creation of legal norms without legal provision or written law. Its conceptual autonomy lies in establishing "constitutional conditions of interpretation." On the basis of a critical or alternative legal approach interpretation according to Constitution should protect fundamental rights and participate in social transformation processes as an instrument of social change. There is not a structural difference between interpretation according to Constitution made by Constitutional Courts and the so called interpretation guide to Constitution made by other Courts of Justice. This article claims that Constitutional Court should focus in declaring what interpretations are clearly unconstitutional, otherwise establishing the best possible interpretation falls within the jurisdiction given to Courts of Justice.