Doctrina ca izvor de drept - privire specială asupra recursului în interesul legii și deciziilor de neconstituționalitate
The Doctrine as a Source of Law - Special Consideration on The Appeal in The Interest of The Law and Decisions of Unconstitutionality

Author(s): Cornelia Beatrice Gabriela Ene-Dinu
Subject(s): Philosophy of Law, Sociology of Law
Published by: Universul Juridic
Keywords: Source of Law; Appeal; Interest of The Law; Unconstitutionality; Direct Source; Indirect Source;
Summary/Abstract: Broadly speaking, doctrine represents law as conceived in theory; it explains and comments on legal rules, exposes legal theories, as well as the practical application of principles, showing the authors' opinions on legal issues. In a narrow sense, the term "doctrine" refers to an opinion expressed on a particular issue. Both meanings refer to a written or oral presentation of the science of law, which has a systematic or critical nature with regard to a certain legal matter, made by persons whose function is to study law. The manifestation of the doctrine is carried out in multiple forms, from treatises and courses which are systematic expositions in which each branch of law is presented as a whole; commentaries that explain the text of laws or judicial decisions, considered to be the oldest type of doctrinal works, in the form of the works of Romanian jurisconsults, compilations of practical materials, especially of judicial decisions or normative acts; legal monographs; studies, articles, etc. It is important to specify the role that the doctrine has on the legislative activity, application and interpretation of the law, especially with regard to appeals in the interest of the law and unconstitutionality decisions.

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