Supremația - proprietate esențială a Constituției. Abordări teoretice și argumente jurisprudențiale
Supremacy - An Essential Feature of a Constitution. Theoretical Approaches and Jurisprudence Reasoning

Author(s): Claudia Gilia
Subject(s): Constitutional Law
Published by: Universul Juridic
Keywords: Constitution; Supremacy; Constitutional Review; Power; Nation;
Summary/Abstract: A Constitution is the vision on a society, formalised in a specific way of structuring the political power. It is the Constitution that makes legal the power structuring manner. Constitutional developments have shown that it is not enough for a Constitution to be proclaimed, it also needs to be guaranteed against injuries that might be caused by the rulers, or the ruled. The rule of law does exist and it is expressed most clearly through the supremacy of the Constitution, which is not only a feature or a principle of the legal system of a state, but also the essence of constitutionalism, as a system that ensures viability and effectiveness to a Constitution. The supremacy of the Constitution is a fundamental principle of constitutional law. Our study sets out the theoretical reasoning behind the supremacy of the Constitution, and the ensurance of its supremacy through established instruments, in this case – through constitutional review.

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