Cultura juridică şi transferul cultural în dreptul constituțional român
Legal Culture and Cultural Transplant within Romanian Constitutional Law
Author(s): Simina TănăsescuSubject(s): Constitutional Law, Sociology of Culture, Sociology of Law
Published by: C.H. Beck Publishing House - Romania
Keywords: legal culture; cultural transfer; legal transplant; judicial review; European model; Exception of unconstitutionality;
Summary/Abstract: The control of the constitutionality of laws was transplanted in 1911 from the north-American legal system into the Romanian one via the French legal doctrine. The adoption of the 1991 Constitution introduced a new legal import with regard to the control of the constitutionality of laws, this time inspired by ideas identified in Europe. However, the Romanian legal terminology showed such a resistance to changes that it has successfully impregnate the new form of constitutional review with older models, imported in 1911.
Journal: Analele Universității București – Seria Drept (AUB)
- Issue Year: 2016
- Issue No: 1
- Page Range: 34-45
- Page Count: 12
- Language: Romanian
- Content File-PDF