CONTRIBUTIONS TO CONSTITUTIONAL JURISPRUDENCE IN THE CONSTRUCTION OF PRINCIPLES OF LAW
CONTRIBUTIONS TO CONSTITUTIONAL JURISPRUDENCE IN THE CONSTRUCTION OF PRINCIPLES OF LAW

Summary/Abstract: For the Romanian legal system, the jurisprudence does not have the quality ofa formal source of law. Nevertheless, the legal reality, viewed from a historicalperspective, has demonstrated the essential role of judicial practice in interpreting andenforcing the law, in constructing argumentative practices, in clarifying the will of thelegislator and in discovering the less obvious meanings of legal norms and, last but notleast, in unifying thought and legal practice. Therefore jurisprudence, along withdoctrine, is an important component of the Romanian legal system.Based on these considerations, in this study we intend to highlight some aspectsof constitutional jurisprudence. We underline its contribution to the emergence anddevelopment of the constitutionality control of laws as well as the building of someprinciples of law. We mainly analyze the role of judicial practice in constructing theprinciple of proportionality in the constitutional law, of the principle of equality and theinterference between the principle of proportionality and the principle of equality. Inthis respect, we support the role of jurisprudence not only in the correct interpretationand application of constitutional norms, but also in their construction, in the discoveryof normative meanings which are often only implicit in the formal expression of the ruleof law of the constitutional principles mentioned above. By doing this, the constitutionaljurisprudence does not limit itself to the interpretation of the rules of the FundamentalLaw in accordance with the classical methods, but also has an important contributionto the clarification and construction of some principles of law, to the constitutionalizingof the entire legal system and of the judicial practice from all the courts

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