THE LINGUISTIC FUNCTION OF THE EXPLANATORY MEMORANDUM TO THE SUBMISSION OF A BILL TO A LEGISLATIVE ENTITY

Abstract

The research investigates the linguistic function of the explanatory memorandum of the law, coordinating it with that which the law recognizes as that of its prescriptive language. Through bibliographic research, the study adopts the method of Logical-Semantic Constructivism, using the categories of legal norm, source, system and legal fact, as well as the categories of language: enunciation, enunciation-enunciation, enunciation and enunciation-enunciation. The answer will contribute to deciding whether or not the law enacted from the bill has a defect of validity in the cases in which its semantic construction is dissonant with the explanatory memorandum, also specifying the relevance of these motivations to the positive legal system.

DOI: https://doi.org/10.56238/sevened2024.038-017