CONTRIBUŢII ALE JURISPRUDENŢEI LA DEZVOLTAREA CONTROLULUI DE CONSTITUŢIONALITATE AL LEGILOR ÎN ROMÂNIA
Contributions of Jurisprudence to The Development of The Constitutionality Review of Laws in Romania

Author(s): Marius Andreescu
Subject(s): Constitutional Law
Published by: Universul Juridic
Keywords: The emergence of constitutional control of laws in Romania; jurisprudential reasoning;the interpretation of the Constitution by jurisprudence;the role of jurisprudence in the caliberation and developm
Summary/Abstract: For the Romanian legal system the jurisprudence does not have the quality of a formal source of law. Nevertheless, a legal reality, viewed from a historical perspective, has demonstrated the essential role of judicial practice in interpreting and enforcing the law, in constructing argumentative practices, in clarifying the will of the legislator, and in discovering the less obvious meanings of legal norms and, last but not least, in unifying thought and legal practice. Therefore jurisprudence, along with doctrine, is 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 underline its contribution to the constitutional review of laws in Romania. Under the Constitution of 1866, which did not regulate institutionally such a control, the courts have assumed this competence by interpreting the law and by way of jurisprudence.There are presented and analyzed important aspects of the Constitutional Court jurisprudence and of the courts in the development of constitutional control in our country. We support the idea that jurisprudence currently has an important role to play in the interpretation of constitutional norms, including the deepening of forms of constitutional control

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