100 YEARS OF CONSTITUTIONALITY CONTROL IN ROMANIA Cover Image
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100 YEARS OF CONSTITUTIONALITY CONTROL IN ROMANIA
100 YEARS OF CONSTITUTIONALITY CONTROL IN ROMANIA

Author(s): Daniela Cristina Valea
Subject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Civil Law, Recent History (1900 till today)
Published by: Universul Juridic
Keywords: Romanian Constitution; Constitutional Court of Romania; constitutional system in Romania: historical evolution;

Summary/Abstract: One of the most important guarantees of the rule of law is the constitutionality control of laws (and of the government ordinances). In Romania, we may speak about a real system of control of constitutionality starting with 1912 (just a little over 100 year!). The recognitions as a legal mechanism were made by Romanian Constitution of 1923. During the period of the communist regime, the constitutionality control was reduced to a formality. After the Revolution of 1989, the constitutionality control has been reintroduced into the Romanian constitutional system. But the Romanian Constitution-maker of 1991 gave up the traditional form of the constitutionality control, concentrated, exercised by the supreme court alone, and chose the “European model”, respectively a system where the constitutionality control is exercised by the Constitutional Court, a specialized body, organized only for this purpose, and which is not part of the judiciary power of the State. This paper represents a short review of (a little over) 100 year of constitutionality control in Romania.

  • Issue Year: 2018
  • Issue No: 02
  • Page Range: 45-65
  • Page Count: 21
  • Language: English