Politics - the real source of legal conflicts of a constitutional nature
Politics - the real source of legal conflicts of a constitutional nature

Summary/Abstract: Legal conflicts of a constitutional nature are a new and controversial concept which is closely related to the principle of constitutional loyalty and although they should not have any relation to politics, yet, they are still influenced to a great extent by politics. Moreover, despite this controversial nature of this kind of conflicts, within the functioning of the Romanian state there is also a current extremely tense political context, thing which increases the tendency to confuse legal conflicts of a constitutional nature with conflicts of any other nature (predominantly political ones). This tendency is perfectly justified because any legal conflict of a constitutional nature is based on a political divergence and it always implies a lack of cooperation between the public authories, but not every political conflict between two or more public authorities is a legal conflict of a constitutional nature and equally, the violation of constitutional loyalty is not always equivalent to the appearance of such a conflict. Yet, it should always be taken into account that politics is the inexhaustible source of legal conflicts of constitutional nature and despite this fact, what differentiates the two categories of conflicts is the degree of intensity of the political nature of a conflict: as the political nature is highlighted, the constitutional character of the conflict is blurred In other words, although a legal conflict of a constitutional nature is never an "obvious" one due to its strong connection to political conflicts, it should be mentioned that it has its own valences -it make references to constitutional competences, it produces an institutional imbalance by violating the principle of constitutional loyalty; specifically, it has a special structure that involves several cumulative normative coordinates.

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