The evolutionary constitutional interpretation and the deception of contextualism

Abstract

It is an incontrovertible fact that the hierarchical relationship between principles and values must be defined on the basis of assumptions of contemporary social and economic. A process that, although it is composite, can be carried out due to indeterminacy, the generality and simplicity of the constitutional provisions, which lend themselves to an interpretation that is subject to constant change. However, this can only be done by checking the relevance of the terms used in advance, in the course of time, they may have acquired a different meaning from their original meaning. In the absence of legislation that is in step with new social and economic needs, the only possibility for the judge to reach a resolution of specific cases and at the same time avoid the insidious possibility that certain provisions, even if not strictly unconstitutional, may be anachronistic, is to preserve their operation, through an evolutionary and constitutionally oriented interpretation.