Two Decisions of the Constitutional Court Regarding the Revision of the Constitution Cover Image

Două Decizii ale Curţii Constituţionale referitoare la revizuirea Constituţiei
Two Decisions of the Constitutional Court Regarding the Revision of the Constitution

Author(s): Attila Varga
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Scientia Kiadó
Keywords: constitution; the re-examination of the constitution; rigid constitution; the process of the of the constitution’s modification; the initiative of the constitution’s modification; the project of the c

Summary/Abstract: This study examines the institution of the constitution’s modification. A general expectation of the constitution is that it has to be permanent, although in certain situations the modification is recommended or even inevitable. This might be motivated by the changed social, economical or political situation. The re-examination of the constitution is a complex and unusual legislative procedure which requires the inspection of the Constitutional Court, as well. The main focus of this study is this certain topic, and particularly the role of the Constitutional Court in this process, doing this by analyzing two significant decisions of the Constitutional Court. The first one is related to the achieved modification of the constitution from 2003, the Decision nr. 2003/148. The other one is the project of a modification, initiated by the president of Romania from 2011, which had not been accepted. This is the Decision nr. 2011/799. The interpretation of all these, provide with lessons about the process and about the content of the constitution’s modification, as well.

  • Issue Year: 1/2012
  • Issue No: 2
  • Page Range: 295-318
  • Page Count: 24
  • Language: Romanian