PREVIZIBILITATEA DREPTULUI ŞI CURAJUL ATENUAT AL CURŢII CONSTITUŢIONALE
THE PREDICTABILITY OF LAW AND THE TEMPERED COURAGE OF THE CONSTITUTIONAL COURT

Summary/Abstract: Nemo censetur ignorare legem, an adage that is almost impossible to follow today. In a state governed by the rule of law, the predictability of the law should be at the center of a constitutional court's concerns to ensure a favourable climate for the compliance of the subjects of law with the norms dictated by the state. Frequent and untimely legislative changes threaten this legal climate and compliance with legal norms by their addressees becomes particularly difficult. Although the legislature is sovereign in enacting legal rules with the rank of law and is constitutionally limited on the validity and conformity of the legal rules enacted, this limitation does not stop there. Also, within the reports of compliance with the fundamental act, we find a special limitation, namely the observance of the rule of law, and from this derives the fact that the law dictated by the state has to be predictable.

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