Consideraţii privind reglementarea constituţională a restrângerii exerciţiului unor drepturi sau al unor libertăţi
Reflections on the Constitutional Regulation of Restrictions on the Exercise of Specific Rights and Liberties

Summary/Abstract: The constitutional regulation of the possibility of restraining the exercise of certain rights or liberties was revised in 2003 in order to bring it to the standards of the European law of human rights. The theoretical explanation and the practical application of this constitutional provision are nevertheless far from manifesting the consistency and the systematic character which its importance may suggest. The present study intends to uncover the systematic character of the provision and of its application, as well as to analyze each stage of the constitutionality assessment of a restraint to the exercise of a particular right or liberty. The study offers a new interpretation certain ideas concerning the meaning of the term “law” in the context of Art. 53 of the Constitution or the application of this provision to all rights and liberties (rather than only to the fundamental ones); it provides an original analysis of the causes which may authorize the limitation of the conditions of necessity or proportionality in a democratic society; and explores the connection of non-constitutionality to the manner in which the law is applied.

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