Contribuţii ale doctrinei și jurisprudenţei constituţionale la construcţia principiilor proporționalității și egalității
Contributions of the doctrine and constitutional jurisprudence to the construction of the principles of proportionality and equality

Summary/Abstract: For the Romanian law system, the jurisprudence does not have the quality of formal source of the law. However, the legal reality, viewed from the historical perspective, has demonstrated the essential role of the judicial practice in interpreting and applying the law, in building argumentative practices, in clarifying the will of the legislator and in discovering the less obvious meanings of the legal norms, and not least in unifying the thought. and legal practice. Therefore the case law, together with the doctrine, is an important component of the Romanian law system. Based on these considerations, in this study we aim to highlight some aspects of constitutional jurisprudence. We emphasize its contribution to the emergence and development of the constitutionality control of laws as well as to the building of principles of law. We analyze in particular the role of judicial practice in constructing the principle of proportionality in the constitutional law of the principle of equality and the interference between the principle of proportionality and the principle of equality. In this sense, we support the role of the jurisprudence not only in the correct interpretation and application of the constitutional norms but also in their construction, in discovering the normative meanings that exist most often only implicitly in the formal expression of the normative law of the constitutional principles mentioned above. In this way the case law in constitutional matters is not limited only to the interpretation by classical methods of the norms of the Fundamental Law but it has an important contribution to the clarification and construction of some principles of the law, to the constitutionalization of the entire legislative system and of the judicial practice from all the courts.

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