The Constitution: The Text and the Context

Abstract

It would not be accurate to describe the ways the Constitution is applied by merely mentioning an elementary logical syllogism. Interpretation of the text of the Constitution in legal research is characterised by various complex models. One of the factors that has yet to be properly incorporated into these models is the context. This article presents the role of the context in the jurisprudence of the Constitutional Court. Findings of
the analysis show that this role is significant and can even result in such a constitutional interpretation which deviates from the one that would derive from a literal interpretation of the text. The questions regarding when, how, and to what extent the context can determine the outcome of constitutional cases present an essential challenge for legal scholars and practitioners and require a deeper inquiry.