Resumen

ROJAS AMANDI, Víctor Manuel. The interpretation in conformity with the Constitution in German Law. Bol. Mex. Der. Comp. [online]. 2021, vol.54, n.161, pp.813-842.  Epub 09-Mayo-2022. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2021.161.16492.

This article analyzes the nature and material scope of validity of the principle of interpretation in conformity with the Constitution in Germany. This jurisprudential figure, whose legal basis is found either in the presumption of the constitutionality of statutes or in the unit and gradual construction of the legal order, or even in the principle of conservation of the norm, favor legis, constitutes a form of normative control that allows the safeguarding of the validity of a secondary norm that, in some of its possible interpretations, could collide with a constitutional mandate by disqualifying the validity of only some of such possible interpretations. With this, it is possible to avoid the fact that, due to an annulment of the secondary rule, there might be a gap in the legal order that must be filled through the judicial development of the law, which, in a certain way, could distort the division of powers.

Palabras llave : interpretation in conformity with the Constitution; normative control; unit and gradual construction of the legal order; principle of conservation of the norm; favor legis; presumption of the constitutionality of statutes.