CONSTITUTION AND CONSTITUTIONALISM CONTEMPORARY ISSUE
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2017, Vol 9, Issue 11
Abstract
In a democratic society, the judicial legitimacy of the state and its power, of its institutions, but also the social and political grounds are generated and determined by the Constitution, defined as expressively as possible as being: “The fundamental political and judicial settlement of a people” (I. Deleanu). The supremacy of the Constitution has as main effect the conformity of the entire system of law with the constitutional norms. Guaranteeing the compliance with this principle, essential for the state of law, is first of all an attribution of the Constitutional Court, but also an obligation of the legislative power to receive, through the adopted normative acts, in content and in form, the constitutional norms. Altering the fundamental law of a state represents a political and judicial act extremely complex with major meanings and implications for the socio-political and national systems, but also for each individual. This is why such measure should be very well justified, to answer certain socio-political and legal needs well shaped and mainly to match the principles and rules specific to a democratic constitutional and state system, by insuring its stability and functionality. These are a few aspects of the Romanian contemporary constitutionalism that this study shall critically analyse in order to differentiate between the constitutional ideal and reality.
Authors and Affiliations
Marius ANDREESCU, Claudia ANDREESCU
Keywords
Related Articles
- EP ID EP298139
- DOI -
- Views 137
- Downloads 0
PARTICULARITIES ON THE REGULATION OF THE SUE PETITION, IN THE LIGHT OF PRACTICAL DIFFICULTIES AND LEGISLATIVE CHANGES
According to the Romanian Civil Procedure Code, one of the trial stages of first instance is represented by the written stage in which, as a general rule, the fulfillment of the requirements regarding the petition conten...
HEREDITARY AND SOCIAL FACTORS OF DRUG USE
The child acquires through education norms, values, models that then manifest as personal choices in his behaviour. The formation and development of human personality is therefore an oriented, organized process award thr...
AGENT-BASED INTELLIGENT COLLABORATIVE MECHANISM
This paper proposes a collaborative intelligent mechanism to support concurrent negotiations among organizations acting in the same industrial market. Each organization has limited resources and in order to better accomp...
THE CONTRIBUTION OF THE ROMANIAN CONSTITUTIONAL COURT TO ESTABLISH THE RELATION BETWEEN THE RIGHT TO PROPERTY AND THE RIGHT TO A HEALTHY ENVIRONMENT
The present study aims to establish the relation between the right to property and the right to a healthy environment from the perspective of the jurisprudence of the Romanian Constitutional Court. The relation between t...
FOREIGN CURRENCY RISK HEDGING
This paper presents the traditional types of exchange rate risk faced by firms and some of principal methods of exchange risk management that a company which make foreign currency operations can use. Foreign currency ris...