Constitutionalization of the norms regulating the juridical system in Romania Cover Image

Constituționalizarea normelor care reglementează sistemul judiciar în România
Constitutionalization of the norms regulating the juridical system in Romania

Author(s): Nicolae Cochinescu
Subject(s): Constitutional Law, Public Law, Court case
Published by: Institutul Român pentru Drepturile Omului
Keywords: Constitution of Romania; juridical system; Constitutional Court;

Summary/Abstract: Constitutionalization of the law derives from the principle of the supremacy of the Constitution. In the dynamics of the constitutional norms, it is understood as a process of quantitative increase of the constitutional norms. A second meaning of the notion refers to the achievement of consonance between the regulated system subordinated to the Constitution and the norms consecrated by the Constitution. The author presents data and considerations regarding the constitutional status of the juridical system in Romania and the contribution of the Constitutional Court to the Constitutionalization of the normative acts related to the achievement of justice. An ample space is devoted to the issues related to the free access to justice and the right to defence. These principles were quoted in all categories of decisions by the Constitutional Court, including those referring to the constitutionality control prior to promulgation, the exceptions of unconstitutionality and the control of the constitutionality of Parliament's Standing Orders, illustrated by the author based on the relevance criterion.

  • Issue Year: 2007
  • Issue No: 4
  • Page Range: 17-26
  • Page Count: 10
  • Language: Romanian