A constitutional perspective on justice as public service (Comments around Article 124 of the Constitution) Cover Image
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O perspectivă constituțională asupra justiției ca serviciu public (Comentarii pe marginea articolului 124 din Constituție)
A constitutional perspective on justice as public service (Comments around Article 124 of the Constitution)

Author(s): Cristian Ionescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: justice; courts of law; the judiciary; judicial authority; independence of justice.

Summary/Abstract: In this article, the author analyzes the provisions of Article 124 of the Romanian Constitution, which have as regulatory object administration of justice. The concept of justice can be examined from multiple points of view, including from the perspective of the theory of law. The author shows that, although justice is the favorite subject of examination of the theorists and practitioners of law specialized in the civil procedure and in the criminal procedure, it is also relevant the analysis of the term of justice from the point of view of the constitutional law. It is analyzed, thus, the concept of justice, the constitutional characters of justice, the constitutional significance of the independence of the judges and its legal effects. Unlike the independence of the judges, which is estabilshed by constitutional norm, the independence of prosecutors is established by the legislative will of the Parliament, which means that they do not benefit fromconstitutional guarantees, but only from the legal ones.

  • Issue Year: 2017
  • Issue No: 05
  • Page Range: 57-73
  • Page Count: 17
  • Language: Romanian