Contribuții ale jurisprudenței constituționale la edificarea statului de drept. Aspecte contemporane
Contributions of Constitutional Jurisprudence to the Construction of the Rule of Law. Contemporary Aspects

Author(s): Marius Andreescu
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Universul Juridic
Keywords: Constitutionality control of laws; Rule of law; Legislative function of Parliament; Contributions of the constitutional jurisprudence;
Summary/Abstract: For the Romanian legal system, the jurisprudence does not have the quality of formal source of law. However, a legal reality, viewed from a historical perspective, has demonstrated the essential role of judicial practice in interpreting and applying the law, in constructing argumentative practices, in clarifying the will of the legislator and in discovering the less obvious meanings of legal norms and, not lastly, in the unification of legal thought and practice. Therefore, the case law, together with the doctrine, are an important component of the Romanian legal system. Based on these considerations, in this study we intend to highlight some aspects of constitutional jurisprudence. We emphasize its contribution to the emergence and development of the control of the constitutionality of laws, as well as to the interpretation of constitutional provisions and some normative acts regarding the character of the rule of law. Constitutionality control of laws is an important guarantee of compliance with the constitutional requirements of the rule of law. Jurisprudential interpretation of the constitutional names regarding the legislative function of the Parliament represents an important contribution of the Constitutional Court to the construction of the rule of law We uphold the role of jurisprudence not only in the correct interpretation and application of constitutional norms, but also in their construction, in discovering the normative meanings that are often involved only in the formal expression of the rule of law. Thus, constitutional jurisprudence is not limited to the interpretation of the rules of the Fundamental Law in conformity with the classical methods, but it also has an important contribution to the clarification and construction of some principles of law, to the constitutionalization of the whole legal system and of the judicial practice from all the courts.

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