Fundamentarea științifica, legitimitatea și apariția controlului constituționalității legilor
Scientific Substantiation, Legitimacy and Emergence of Control of the Constitutionality of Laws

Author(s): Irina Loredana Stanculescu
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Universul Juridic
Keywords: constitution; law; constitutionality; separation of powers; supremacy of the constitution;
Summary/Abstract: Being at the top of the hierarchy of normative acts in any of the legal systems of the states, the constitution lays the legal bases of the state, establishes the way of organizing the society in the state and the legal modalities /instruments for protecting citizens, ensuring their rights and freedoms. The assertion of the supremacy of the constitution implies the existence of mechanisms to control the conformity of laws with the constitution; therefore, it is strictly necessary to ensure the control of the constitutionality of the laws, of the subordinate legal rules. Without the existence of a sanction of violation of constitutional rules by one of the constituted powers, the principle distinction between constitution and laws gives way to a confusion of fact. As such, it is necessary to regulate a control, which aims to overturn unconstitutional legal rules. The legal doctrine includes a multitude of arguments in favor of the existence of this constitutionality control, as well as against it. On the one hand, it is admitted that the lack of control of the constitutionality of the laws leaves room for legal instability and confusions in fact. On the other hand, in an opinion unfavorable to this type of control, it is considered that the hierarchy of norms cannot be admitted because it implies the idea of hierarchy of organs,which contravenes the principle of separation of powers in the state, the control of laws is not admitted, the law being the expression of the will generals who are sovereign. In summary, we can say that the necessity of exercising constitutional control is due to the existence of the principle of separation of powers in the state, the principle of legality and the principle of supremacy of the constitution.

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