JUSTICE - SUPREME VALUE CONSECRATED BY THE CONSTITUTION OF ROMANIA
JUSTICE - SUPREME VALUE CONSECRATED BY THE CONSTITUTION OF ROMANIA
Author(s): Toader Tudorel, Marieta SaftaSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: justice; general principles; constitutional review; Constitutional Court;
Summary/Abstract: Justice, as constitutional principle-value, signifies, firstly, a dimension of the Constitution, namely that of being a righteous law, in the sense of settling the entire constitutional system on a foundation of fair and equitable rules, designed to eliminate any aspirations to "omnipotence" and also to protect some fundamental values that, as a whole, tend to the idea of social justice. Thus, justice is immanent in all constitutional norms and, therefore, landmark of essence for their interpretation and application. The interpreter of the fundamental law, and moreover the Constitutional Court, as a guarantor of its supremacy, is called to identify the most fair/equitable meaning and manner of application, referring his action to the same supreme value - justice. Express recognition of justice as a value/principle in constitutional review appears as a genuine factor of forming a "consciousness of justice", and thereby of constitutionalization of law in preventive effect.
Journal: Universul Juridic
- Issue Year: 2018
- Issue No: Suplim
- Page Range: 237-243
- Page Count: 7
- Language: English