Contribuţii ale jurisprudenţei constituţionale
Contributions of constitutional jurisprudence

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 emergence and development of the constitutionality control of laws as well as the building of some principles of law. We mainly analyze the role of judicial practice in constructing the principle of proportionality in the constitutional law, of the principle of equality and the interference between the principle of proportionality and the principle of equality. In this respect, we support the role of jurisprudence not only in the correct interpretation and application of constitutional norms, but also in their construction, in the discovery of normative meanings which are often only implicit in the formal expression of the rule of law of the constitutional principles mentioned above. By doing this, the constitutional jurisprudence does not limit itself to the interpretation of the rules of the Fundamental Law in accordance with the classical methods, but also has an important contribution to the clarification and construction of some principles of law, to the constitutionalisation of the entire legal system and of the judicial practice from all the courts.

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