Contributions of The Doctrine and Constitutional Jurisprudence to The Construction of The Principles of Proportionality and Equality Cover Image

Contribuții doctrinare și ale jurisprudenței constituționale la construcția principiilor proporționalității și egalității
Contributions of The Doctrine and Constitutional Jurisprudence to The Construction of The Principles of Proportionality and Equality

Author(s): Marius Andreescu
Subject(s): Constitutional Law
Published by: Universul Juridic
Keywords: National Sovereignty; State Power; State Characters and Attributes; The Relationship Between The Internal Constitutional Order and European Union Law;
Summary/Abstract: In this study, we propose to analyze some aspects of constitutional doctrine and jurisprudence in shaping and developing the constitutional principles of proportionality and equality of law. We especially emphasize its contribution to the emergence and development of the constitutional control of laws as well as to the edification of some principles of law. We mainly analyze the role of judicial practice in the construction of the principle of proportionality in constitutional law, 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 jurisprudence not only in the correct interpretation and application of the constitutional norms but also in the irconstruction, in the discovery of the existing normative meanings, most of the time only implicitly in the formal expression of the legal norm of the constitutional principles mentioned above. By this, the jurisprudence in constitutional matters is not limited only to the interpretation according to classical methods of the norms of the Fundamental Law, but has an important contribution to the clarification and construction of some principles of law, to the constitutionalization of the entire legislative system and the judicial practice of all courts.

  • Page Range: 221-229
  • Page Count: 9
  • Publication Year: 2024
  • Language: Romanian