The judicial interpretation of legal texts and its role in enhancing legal security

Abstract

Judicial interpretation is a preliminary step that precedes the application of the law. It is therefore impossible to apply a legal rule before interpreting and adapting it, especially if it has ambiguous meanings that are difficult to discern. The goal is to achieve justice among litigants by establishing the principle of legal security with all its elements, as stipulated in the last paragraph of Article 34 of the latest constitutional amendment in 2020 — ranging from the clarity of the rule to its non-contradiction and accessibility. Judges, particularly administrative judges, transcend any barriers that may mar legal texts through their interpretive authority. This authority is considered an integral part of judicial activism as it relies on discretionary powers to interpret texts and address gaps or ambiguities. Thus, it contributes to the stability of the law and legal statuses while aiding the development of legal rules. If these elements are undermined, they can be safeguarded through judicial interpretation, particularly following the constitutional amendment that established appellate administrative courts under Article 179.