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Глава 8. Толкование и аргументация в решениях Конституционного Суда
Chapter 8 is devoted to the analysis of different types of interpretation in jurisprudence of the Russian Cnstitutional Court. Different approaches and methodologies are discussed, and the traditional approach to the classification of the means of interpretation is supplemented by the topical approach (i.e. intepretation from topoi, or commonplaces). Strict construction with lingustic arguments, systemic interpretation within the internal and external systems with different types of arguments inside both of the sub-types, historic and teleological interpretation with the most relevant argumants inside them are exemplified by the judgements of the Constitutional Court and dissenting opinions of the judges. Chapter 9 analyzes the special techniques of interpretation, such as reasonong by analogy or arguments ab absurdum, adduces examples of doctrinal reasoning and decision-making in the situation of conflict of rights.