CONCEPTUL DE IDENTITATE CONSTITUŢIONALĂ ÎN MOTIVAREA DECIZIILOR CURŢILOR CONSTITUŢIONALE
CONSTITUTIONAL IDENTITY CONCEPT IN MOTIVATING THE DECISIONS OF CONSTITUTIONAL COUTRS
Author(s): Oksana ŞcerbaniukSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: judicial arguments; constitutional identity; Constitutional Court; court decisions;
Summary/Abstract: This article analyzes the nature of constitutional identity. Constitutional identity is a set of basic constitutional provisions that form a significant (immutable, substantial) nucleus of the Constitution. Constitutional identity is a set of constitutional provisions that express the peculiarities of a certain constitution, and making changes to which actually indicates the termination of its action in the original form). In our opinion, it is impossible to reduce the constitutional identity to a set of positive norms, and it is also necessary to consider A to calculate the constitutional traditions and constitutional values, which are divided by society, and the interpretation of the bodies of constitutional judicial control.
Journal: Universul Juridic
- Issue Year: 2021
- Issue No: 08
- Page Range: 19-29
- Page Count: 11
- Language: Romanian