The Particulars of the Constitutional Litigation Process in the Republic of Moldova
This study is generally dedicated to researching the purpose and functions of constitutional litigation, and in particular, it is dedicated to researching the purpose and functions of the constitutional litigation process within the rule of law. In the condition of the existence of a relevant legal...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Galati University Press
2025-03-01
|
| Series: | ACROSS |
| Subjects: | |
| Online Access: | https://www.gup.ugal.ro/ugaljournals/index.php/across/article/view/7412 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1849729703326253056 |
|---|---|
| author | Andrei Ungureanu Teodor CÂRNAȚ |
| author_facet | Andrei Ungureanu Teodor CÂRNAȚ |
| author_sort | Andrei Ungureanu |
| collection | DOAJ |
| description |
This study is generally dedicated to researching the purpose and functions of constitutional litigation, and in particular, it is dedicated to researching the purpose and functions of the constitutional litigation process within the rule of law. In the condition of the existence of a relevant legal framework, the doctrinal concepts relating to the purpose and functions of the constitutional litigation process contribute to drawing a conclusion, according to which: the constitutional litigation is identified with the procedures for the control of constitutionality, by way of action or by way of exception, previously or after the entry into force of the law.
Regarding the purpose of the constitutional litigation process within a state of law, the author notes that it directly aims to guarantee the supremacy of the Constitution, by 1) ensuring the realization of the principle of separation of state power into legislative, executive, and judicial power; 2) guaranteeing the state's responsibility towards the citizen and the citizen towards the state.
Regarding the functions of the constitutional litigation process within a state of law, the author finds that they directly aim at the interpretation of the Constitution based on the principle of legality and publicity; control of the constitutionality in general of national and international normative acts; resolving the exceptions of unconstitutionality of legal acts; legal protection of human and citizen rights and freedoms, etc.
|
| format | Article |
| id | doaj-art-e02cc0f15f944b709d7e375ab6cda91a |
| institution | DOAJ |
| issn | 2602-1463 |
| language | English |
| publishDate | 2025-03-01 |
| publisher | Galati University Press |
| record_format | Article |
| series | ACROSS |
| spelling | doaj-art-e02cc0f15f944b709d7e375ab6cda91a2025-08-20T03:09:07ZengGalati University PressACROSS2602-14632025-03-017510.35219/across.2023.5.12The Particulars of the Constitutional Litigation Process in the Republic of MoldovaAndrei Ungureanu0Teodor CÂRNAȚ1Moldova State University, Republic of MoldovaMoldova State University, Republic of Moldova This study is generally dedicated to researching the purpose and functions of constitutional litigation, and in particular, it is dedicated to researching the purpose and functions of the constitutional litigation process within the rule of law. In the condition of the existence of a relevant legal framework, the doctrinal concepts relating to the purpose and functions of the constitutional litigation process contribute to drawing a conclusion, according to which: the constitutional litigation is identified with the procedures for the control of constitutionality, by way of action or by way of exception, previously or after the entry into force of the law. Regarding the purpose of the constitutional litigation process within a state of law, the author notes that it directly aims to guarantee the supremacy of the Constitution, by 1) ensuring the realization of the principle of separation of state power into legislative, executive, and judicial power; 2) guaranteeing the state's responsibility towards the citizen and the citizen towards the state. Regarding the functions of the constitutional litigation process within a state of law, the author finds that they directly aim at the interpretation of the Constitution based on the principle of legality and publicity; control of the constitutionality in general of national and international normative acts; resolving the exceptions of unconstitutionality of legal acts; legal protection of human and citizen rights and freedoms, etc. https://www.gup.ugal.ro/ugaljournals/index.php/across/article/view/7412ConstitutionConstitutional CourtConstitutional litigationControl of the constitutionality of lawsLegal conflict of a constitutional nature |
| spellingShingle | Andrei Ungureanu Teodor CÂRNAȚ The Particulars of the Constitutional Litigation Process in the Republic of Moldova ACROSS Constitution Constitutional Court Constitutional litigation Control of the constitutionality of laws Legal conflict of a constitutional nature |
| title | The Particulars of the Constitutional Litigation Process in the Republic of Moldova |
| title_full | The Particulars of the Constitutional Litigation Process in the Republic of Moldova |
| title_fullStr | The Particulars of the Constitutional Litigation Process in the Republic of Moldova |
| title_full_unstemmed | The Particulars of the Constitutional Litigation Process in the Republic of Moldova |
| title_short | The Particulars of the Constitutional Litigation Process in the Republic of Moldova |
| title_sort | particulars of the constitutional litigation process in the republic of moldova |
| topic | Constitution Constitutional Court Constitutional litigation Control of the constitutionality of laws Legal conflict of a constitutional nature |
| url | https://www.gup.ugal.ro/ugaljournals/index.php/across/article/view/7412 |
| work_keys_str_mv | AT andreiungureanu theparticularsoftheconstitutionallitigationprocessintherepublicofmoldova AT teodorcarnat theparticularsoftheconstitutionallitigationprocessintherepublicofmoldova AT andreiungureanu particularsoftheconstitutionallitigationprocessintherepublicofmoldova AT teodorcarnat particularsoftheconstitutionallitigationprocessintherepublicofmoldova |