STATUL DE DPREPT. SEMNIFICAŢII CONSTITUŢIONALE ŞI JURISPRUDENŢIALE CONTEMPORANE
THE RULE OF LAW. CONTEMPORARY REALITIES AND ASPECTS OF CONSTITUTIONAL JURISPRUDENCE

Summary/Abstract: The doctrine of the rule of law stems from German theory and jurisprudence, but is now a requirement and a reality of constitutional democracy in contemporary society. At present, the rule of law is no longer a simple doctrine but a fundamental principle of democracy enshrined in the Constitution and international political and legal documents. In essence the concept of the rule of law is based on the supremacy of the law in general and of the Constitution in general. Essential elements for the contemporary realities of the rule of law are the following fundamental elements: the moderation of the exercise of state power in relation to the law, the consecration, the guarantee and the observance of the constitutional rights of man especially by the state power and, last but not least, the independence and impartiality of justice. In this study we analyze the most important elements and features of the rule of law with reference to the contemporary realities in Romania. An important aspect of the analysis refers to the separation, the balance and the cooperation of the state powers, in relation to the constitutional provisions. The most significant aspects of the jurisprudence of the Constitutional Court on the rule of law are analyzed.

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