Basics of Constitutional Interpretation

The constitution is a covenant with the nation and the government, that is a logical and external symbol of the social contract for every country and it reverberates on the background of legal system and protects its sanctity and implementing its principles requires considerable attention. Despite its importance and its legal and political status, the Constitution isn’t exempt from need for interpretation. Also the historical concerns of violation, the separation of powers, abuse of the authority to interpret the law, and the comprehensive claim and obstruction of the subject laws, have caused doubts in the recognition of the establishment of the interpretation of law, especially the constitution. For this reason, the interpretation of constitution and need for scientific analysis and use of reasonable method with a view to the of human rights, become very important. It is obvious that rules and methods of this interpretation should be used in the framework of comprehensive theory, so that on the one hand, they don’t cause difference in the sense of the constitution and on other hand, they bring coherence to the legal system. With realistic interpretation, understanding provisions of the constitution in objective context and taking care of the coherence of legal system provide the most suitable context in this category. In this research by using library resources in a descriptive-analytical way, an effort has been made in order to become familiar with the legislative process, the effect of applying human rights opinions and ideas, the interpretation of the constitution and its role in the development of constitutional rights and also to prevent the crisis in law-abiding governance by applying principles to balance the matter of interpretation; these issues are considered by the authors in this article.