Document Type : Article
Authors
1 PhD student in public law, Faculty of Law, Qom University
2 Professor, Department of International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran
3 Associate Professor, Faculty of Law, University of Qom, Qom, Iran
Abstract
Abstract
The interpretation of the constitution has long been shaped by the tension between two dominant approaches: originalism, which emphasizes the original meaning of the text and the intentions of the framers, and non-originalism, which views the constitution as a living document aligned with evolving social realities. This article, by critiquing the reductionism inherent in both perspectives, seeks to provide a theoretical framework that transcends this dichotomy through the lens of fuzzy logic. By embracing the gradational nature of meaning and the coexistence of varying degrees of determinacy and indeterminacy in legal concepts, fuzzy logic offers a middle-ground, flexible, and realistic approach to constitutional interpretation. Within this framework, while emphasizing a purposive interpretive approach, constitutional interpretation is neither reduced to a mere historical reading of past texts nor transformed into a wholly fluid and subjective exercise. Instead, the interpreter is recognized as a rational, committed, and forward-looking agent participating in the gradual evolution of the constitution. In this view, constitutional interpretation is not merely a linguistic or historical activity, but a legal mechanism for ensuring the continued legitimacy and functionality of the constitutional order in the face of emerging and dynamic challenges.
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