Garantarea drepturilor fundamentale și controlul constituționalității legilor. De la practica medievală la epoca modernă
Guaranteeing the fundamental rights and checking the constitutionality of laws. From medieval practice to modern times

Summary/Abstract: The author focuses his research on the relationship between the guarantee of the rights and the checking of the constitutionality of laws, seen from a large historical point of view, from mediaeval practice to modern times. Acknowledgement, by means of the written constitutions, of the civil rights and freedoms was one major element for the assertion of checking the constitutionality of laws principle. Violation of human rights by means of a law passed by Parliament is equal to the violation of the Constitution guaranteeing those rights and therefore it should be sanctioned as such. Starting with the first consecrations of the rights and freedoms in documents of a constitutional nature and declarations or proclamations in England, USA, France and the Romanian Principalities and down to modern constitutions, the checking of the constitutionality of laws has represented a means to guarantee the rights and freedoms laid down in the fundamental laws.

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