The concepts of ensuring constitutionality in legal doctrine Cover Image

Concepte de asigurare a constituționalității în doctrina juridică
The concepts of ensuring constitutionality in legal doctrine

Author(s): Liliana Creangă
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Editura Universităţii George Bacovia din Bacău România
Keywords: constitutionality; control of the constitutionality of laws; fundamental rights and freedoms; legal guarantees;

Summary/Abstract: The Constitution is the fundamental law of a state, made up of legal norms, invested with supreme legal force, regulating those fundamental social relations that are essential for the establishment, maintenance and exercise of the political power of the people. Constitutionality is nothing but the conformity of the law with the Constitution. We consider that concepts such as Constitution, constitutionality, supremacy of the Constitution, the control of the constitutionality of the law are closely related. Constitutionality results from the legal hierarchy, being the consequence of the supremacy of the Constitution in the legal system. Therefore, the supremacy of the Constitution, in its content, includes political and legal features and elements (values), which express the superior position of the Constitution not only in the legal system, but also in the entire socio-political system of a country. Being one of the pillars of the legal-state order, constitutionality is not a simple concept, it is a reality that must be realized. Hence, the control of constitutionality, a key category in the functioning of the constitutional order.

  • Issue Year: IX/2020
  • Issue No: 2
  • Page Range: 375-386
  • Page Count: 12
  • Language: English, Romanian