CONSTITUTIONAL JUSTICE IN ROMANIA. REALITIES AND PERSPECTIVES
CONSTITUTIONAL JUSTICE IN ROMANIA. REALITIES AND PERSPECTIVES

Summary/Abstract: The ideal of the constitution, but also of constitutionalism, is also expressed through the concept of the supremacy of the constitution. We say that the supremacy of fundamental law is a quality that places it at the top of the political and legal institutions in a society organized in the state and makes the constitution the source of all regulations in the economic, political, social and legal fields. The most important consequences of the supremacy of the constitution are the conformity of all law with constitutional norms and the fundamental obligation of state authorities to exercise their powers within the limits and spirit of the constitution. The supremacy of the Constitution would remain a mere theoretical matter if there were no adequate guarantees. In this sense, the term constitutional justice appears in the work of H. Kelsen, meaning "the constitutional guarantee of the Constitution" and in the work of Ch. Eissenniann, who defined it as: "that form of justice or more precisely of jurisdiction that concerns constitutional laws, without which the constitution is nothing more than a political program, binding only morally". Constitutional justice is an essential component of the rule of law and the main guarantor of the supremacy of the Constitution.In this study we analyze the most significant aspects regarding the role and functions of Constitutional justice in Romania. This study also includes an analysis of constitutional jurisprudence regarding the guarantee of the supremacy of the Constitution, including the relationship between constitutional norms and European Union law. There are also proposals for lege ferenda regarding the completion of the powers of the Constitutional Court.

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