Constitution in time of crisis: the Romanian Constitutional Court and its enemies
Constitution in time of crisis: the Romanian Constitutional Court and its enemies
Author(s): Bianca Selejan-GutanSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: constitutional review; anti‐majoritarian objection; negative legislator; Constitutional Court; Parliament resolutions; referendum; constitutional revision.
Summary/Abstract: In the context of the much‐debated constitutional revision of 2013, the article presents the situation of the Romanian Constitutional Court, as well as a few revision proposals. Despite the recent challenges of the excessive political involvement or the jurisprudential incoherence – some of the « enemies » of the Court, which created a context favourable to the removal of the Court from the constitutional system, the article aims to argue that the Constitutional Court must remain an important pillar of the rule of law in Romania, as it was designed by the 1991 constitutional drafters, but with changes and nuances aimed to guarantee a reinforced independence and a more credible position in the institutional system.
Journal: Revista Română de Drept Comparat
- Issue Year: 2012
- Issue No: 02
- Page Range: 321-347
- Page Count: 27
- Language: English
- Content File-PDF