Constitutional Revival Cover Image

Revirimentul constituțional
Constitutional Revival

Author(s): Alexandrina Serban, Camelia Spastici
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Universul Juridic
Keywords: Constitution; constitutionalism; constitutional identity; constitutional revival; jurisprudence; justice; judicial interpretation; decision; rule of law; fundamental rights;
Summary/Abstract: The reviriment finds its motivation in the evolution of social relations in a state governed by the rule of law, but also in the evolution of legal thinking and practice, the jurisprudence of the ECHR being, in this sense, a real source of inspiration, a source of reviriment. In the context of judicial dialogue and constitutional jurisprudential convergence at European level, the reversal is necessary for the modernization of the legal ensemble of a Member State, being an instrument of the constitutional courts in the trend of alignment on the common path of modern constitutionalism.