Constitutional interpretation - art. 132 par. (1) of the Romanian Constitution, republished
Constitutional interpretation - art. 132 par. (1) of the Romanian Constitution, republished
Author(s): Gabriela NemtoiSubject(s): Constitutional Law
Published by: Editura Lumen, Asociatia Lumen
Keywords: Constitutional interpretation; administrative authority; principle of legality; principle of impartiality;
Summary/Abstract: The justification of the interpretation is the very existence of constitutionaltexts. The first functional justification is that interpretation is the condition of lawenforcement.The interpretation of the Constitution cannot be considered a purelyscientific act, it is, in the first place, a manifestation of will imposed by thecompetent authority, in this case the Constitutional Court. Interpretations that claimto be true or correct are self-conceived as acts of knowledge, the result of ascientific approach, for only a scientific act may be true or false. Will manifestationscan only be valid or invalid. However, legal interpretation in general is merely aclarification of the meaning of a legal norm in place.In this respect the Constitutional Court, in a jurisprudential momentum wesay unlimited, re-enforce legal texts repealed plays often extensive constitutionalprovisions, establishes standards and incompatibilities, empower thePresident's rule etc. All in the name of the justice to interpret theConstitution and the laws. And all, of course, under the banner of therule of law!
Journal: European Journal of Law and Public Administration
- Issue Year: 5/2018
- Issue No: 2
- Page Range: 163-170
- Page Count: 8
- Language: English