Justiția constituțională în România. Evoluţie şi perspective
Constitutional Justice in Romania. Evolution and Perspectives.

Author(s): Marius Andreescu
Subject(s): Constitutional Law
Published by: Universul Juridic
Keywords: Constitutional justice ;constitutional control of laws ; historical stages of its constitutional control of laws in Romania ; contemporary features of constitutional justice; possible new powers of th
Summary/Abstract: The supremacy of the Constitution is a reality also because of the role of the Constitutional Court, as defined in art. 142 paragraph (1) of the Constitution. The Constitutional Court's powers contribute essentially to the rule of law and, therefore, a historical analysis of the evolution of this important constitutional institution is likely to highlight the legitimacy of the constitutionality control of the laws in Romania, but also its perspectives. In our analysis, we are arguing for the concept of constitutional justice, from a historical point of view, which includes the main attribution of a constitutional court, namely the control of the constitutionality of the laws. From this perspective, we point out the main evolutive moments of the constitutional control of the laws in Romania, analyzing briefly the particularities of the constitutional regulations during the evolution of the constitutional justice in our country. At the same time, we emphasize the contemporary features of the constitutionality control of the laws in Romania, and we argue that guaranteeing the supremacy of the Constitution, through constitutional control, must be seen in the broad sense and in terms of the attributions of the judicial courts in this field. We believe that the role of the Constitutional Court must be amplified by new powers, including through future revisions to the Fundamental Law, as this creates new guarantees regarding the reality of the principle of separation and balance of power in the state, and obviously guaranteeing the supremacy of the Fundamental Law.

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