EVOLUTION AND PERSPECTIVES OF CONSTITUTIONAL JUSTICE IN ROMANIA
The supremacy of Constitution is a reality also due to the role of the Constitutional Court, as defined in article 142 paragraph (1) of the Constitution. The Constitutional Court's powers contribute essentially to the achievement of the lawful state and, therefore, a historical analysis of the...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Nicolae Titulescu University Publishing House
2021-05-01
|
| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/download/cks_2021_articles%252F3_public_law%252FCKS_2021_PUBLIC_LAW_024.pdf |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1850088072032550912 |
|---|---|
| author | Marius ANDREESCU Andra PURAN |
| author_facet | Marius ANDREESCU Andra PURAN |
| author_sort | Marius ANDREESCU |
| collection | DOAJ |
| description | The supremacy of Constitution is a reality also due to the role of the Constitutional Court, as defined in article 142 paragraph (1) of the Constitution. The Constitutional Court's powers contribute essentially to the achievement of the lawful state and, therefore, a historical analysis of the evolution of this important constitutional institution is likely to highlight the legitimacy of the constitutionality control of the laws in Romania, but also its perspectives. In our analysis, we are debating for the concept of constitutional justice, regarded from a historical point of view, which includes the main attribution of a constitutional court, namely that of controlling the constitutionality of the laws. From this perspective, we point out the main evolution moments of the constitutionality control of the laws in Romania, analyzing briefly the particularities of the constitutional regulations during the evolution of constitutional justice in our country. At the same time, we emphasize the contemporary features of the control of constitutionality of the laws in Romania, and we argue that guaranteeing the supremacy of the Constitution, through constitutionality control, must be seen in the broad sense and in terms of the attributions of the courts in this field. We believe that the role of the Constitutional Court must be amplified by new powers, including through future revisions of the Fundamental Law, as this creates new guarantees regarding the reality of the principle of separation and balance of powers in the state, and obviously the guaranteeing of the supremacy of the Basic Law. |
| format | Article |
| id | doaj-art-2c2b2702be8e47468d6b768297370c8b |
| institution | DOAJ |
| issn | 2068-7796 |
| language | English |
| publishDate | 2021-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-2c2b2702be8e47468d6b768297370c8b2025-08-20T02:43:06ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962021-05-01141538547EVOLUTION AND PERSPECTIVES OF CONSTITUTIONAL JUSTICE IN ROMANIAMarius ANDREESCU0Andra PURAN1Lecturer, PhD, Faculty of Economic Sciences and Law, University of Pitești (e-mail: andreescu_marius@yahoo.com)Lecturer, PhD, Faculty of Economic Sciences and Law, University of Pitești (e-mail: andradascalu@yahoo.com)The supremacy of Constitution is a reality also due to the role of the Constitutional Court, as defined in article 142 paragraph (1) of the Constitution. The Constitutional Court's powers contribute essentially to the achievement of the lawful state and, therefore, a historical analysis of the evolution of this important constitutional institution is likely to highlight the legitimacy of the constitutionality control of the laws in Romania, but also its perspectives. In our analysis, we are debating for the concept of constitutional justice, regarded from a historical point of view, which includes the main attribution of a constitutional court, namely that of controlling the constitutionality of the laws. From this perspective, we point out the main evolution moments of the constitutionality control of the laws in Romania, analyzing briefly the particularities of the constitutional regulations during the evolution of constitutional justice in our country. At the same time, we emphasize the contemporary features of the control of constitutionality of the laws in Romania, and we argue that guaranteeing the supremacy of the Constitution, through constitutionality control, must be seen in the broad sense and in terms of the attributions of the courts in this field. We believe that the role of the Constitutional Court must be amplified by new powers, including through future revisions of the Fundamental Law, as this creates new guarantees regarding the reality of the principle of separation and balance of powers in the state, and obviously the guaranteeing of the supremacy of the Basic Law.http://cks.univnt.ro/download/cks_2021_articles%252F3_public_law%252FCKS_2021_PUBLIC_LAW_024.pdfconstitutional justicecontrol of constitutionality of the lawshistorical stages of the control of constitutionality of the laws in romaniacontemporary features of constitutional justicenew proposals for ferenda law |
| spellingShingle | Marius ANDREESCU Andra PURAN EVOLUTION AND PERSPECTIVES OF CONSTITUTIONAL JUSTICE IN ROMANIA Challenges of the Knowledge Society constitutional justice control of constitutionality of the laws historical stages of the control of constitutionality of the laws in romania contemporary features of constitutional justice new proposals for ferenda law |
| title | EVOLUTION AND PERSPECTIVES OF CONSTITUTIONAL JUSTICE IN ROMANIA |
| title_full | EVOLUTION AND PERSPECTIVES OF CONSTITUTIONAL JUSTICE IN ROMANIA |
| title_fullStr | EVOLUTION AND PERSPECTIVES OF CONSTITUTIONAL JUSTICE IN ROMANIA |
| title_full_unstemmed | EVOLUTION AND PERSPECTIVES OF CONSTITUTIONAL JUSTICE IN ROMANIA |
| title_short | EVOLUTION AND PERSPECTIVES OF CONSTITUTIONAL JUSTICE IN ROMANIA |
| title_sort | evolution and perspectives of constitutional justice in romania |
| topic | constitutional justice control of constitutionality of the laws historical stages of the control of constitutionality of the laws in romania contemporary features of constitutional justice new proposals for ferenda law |
| url | http://cks.univnt.ro/download/cks_2021_articles%252F3_public_law%252FCKS_2021_PUBLIC_LAW_024.pdf |
| work_keys_str_mv | AT mariusandreescu evolutionandperspectivesofconstitutionaljusticeinromania AT andrapuran evolutionandperspectivesofconstitutionaljusticeinromania |