Judicial Review of Constitutionality and Politics in Romania, a Relationship of Mutual Conditioning
Judicial Review of Constitutionality and Politics in Romania, a Relationship of Mutual Conditioning

Summary/Abstract: The suspicion concerning the politicization of the judicial review of constitutionality represented the latter’s Achilles heel ever since its emergence. Since its main scope is the control of conformity with the constitutional text of an action (the adoption of a law), adopted by a political body (the parliament), the accusations that constitutional judges are involved in the political game could not be avoided. Taking as an example the Romanian constitutional system, one can notice the attempts of the political power to control, if not to subordinate, the constitutional review of its own acts. And these manifestations, when they do not transform themselves into a monopoly of the legislature in controlling its own acts, means the imposition of a control model which is acceptable to the political factor and, at the same time, the establishment of certain limits within which that control would be exerted.

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