STRENGTHENING THE LEGISLATIVE FUNCTION OF PARLIAMENT IN THE LIGHT OF THE PRINCIPLE OF LEGAL CERTAINTY Cover Image

CONSOLIDAREA FUNCŢIEI LEGISLATIVE A PARLAMENTULUI, ÎN LUMINA PRINCIPIULUI SECURITĂŢII JURIDICE
STRENGTHENING THE LEGISLATIVE FUNCTION OF PARLIAMENT IN THE LIGHT OF THE PRINCIPLE OF LEGAL CERTAINTY

Author(s): Marieta Safta
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: legal certainty; rule of law; legislative procedure; constitutional review; quality of law;

Summary/Abstract: Comparative law studies reveal a real “pathology” associated with the law-making process and the need to identify solutions to correct the many deficiencies that mark this process. The identification of solutions to the issues raised and, in this light, the strengthening of the legislative function of the Parliament imply the establishment of the causes, of the normative landmarks that mark the legislative process for the prevention of dysfunctions, as well as of the actors that can or need to be involved in sanctioning the violation of these “milestones” and improving the legislative process. Without developing the causes of this phenomenon, as long as part of them are obvious, in this study, we intend to examine, in terms of legal certainty, issues subject to the normative landmarks in the legislative process and the external actors that influence it. The idea we support is that the approach in the key of the legal certainty desideratum of the goal and stages of the law-making activity determines a better understanding and awareness of the whole process by the participants (parliamentarians or other bodies and authorities with attributions in the matter), as well as the basis and limits of the intervention of external actors (out of which we have chosen to refer to the constitutional courts), as forces changing or correcting deficiencies.

  • Issue Year: 2021
  • Issue No: 09
  • Page Range: 49-76
  • Page Count: 28
  • Language: Romanian
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