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Unconstitutional legislative solutions in the field of education
Unconstitutional legislative solutions in the field of education

Author(s): Safta Tudorel, Marieta Safta
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: unconstitutional legislative solutions; constitutional control; education; the constitutionalization of the law;

Summary/Abstract: The study continues the presentation of the evolution of the jurisprudence of the constitutional litigation court, from the finding of the unconstitutionality of the legal norm, to the finding of the unconstitutionality of the legal solution promoted by that norm, with punctual reference to the field of education. By pointing out both the sanctioning effect on the norm that was the subject of the exception of unconstitutionality and the preventive effect of constitutional control, in order to stop the legislator from resuming a declared unconstitutional legislative solution, unless there is a change of context socio-economic, the jurisdiction of the Constitutional Court appears as an important legal security factor.

  • Issue Year: 2017
  • Issue No: 1
  • Page Range: 67-163
  • Page Count: 97
  • Language: English