Again about constitutional conflicts Cover Image
  • Price 4.50 €

Din nou despre conflicte constituţionale
Again about constitutional conflicts

Author(s): Ioan Alexandru
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Politics and law
Published by: Universul Juridic
Keywords: constitutional conflict; typology of constitutional conflicts; legitimacy conflict; constitutional blockage; constitutional conflicts subject to jurisdiction;

Summary/Abstract: The constitutional conflicts are atypical political conflicts, it being known that not all political conflicts are constitutional. What we want to demonstrate by examining this type of dysfunctions in the exercise of the constitutional democracy is that such tension which we call constitutional conflicts shall not represent simple constitutional controversy occurring in a procedure of peace-building related to the political divergences by law. Their specificity consists in the fact that they are political conflicts in which actors endeavour to support their reasoning by legal arguments taken from the texts of the constitution, and each group shall notify the opposing party about a wrong interpretation or a breach of its provisions. Regardless of the forms that they take, the conflictual situations classified as constitutional prove, on the one hand, that there are dysfunctions in the exercise of the constitutional democracy, and, on the other hand, that at time of crisis among various actors of the exercise of power, the realities of the political conflict potential cannot escape the scope of the constitutional issue.

  • Issue Year: 2018
  • Issue No: 02
  • Page Range: 46-51
  • Page Count: 6
  • Language: Romanian
Toggle Accessibility Mode