UNELE ASPECTE METODOLOGICE ALE PRACTICII RECENTE A CURŢII CONSTITUŢIONALE A ROMÂNIEI
Some Methodological Aspects of The Romanian Constitutional Court’s Recent Practice

Author(s): Marius Balan
Subject(s): Constitutional Law
Published by: Universul Juridic
Keywords: Constitutional justice; legal conflict of constitutional nature; legal methodology; logical fallacies; ignoratio elenchi;
Summary/Abstract: In interpreting fundamental laws, methodological issues become inevitably constitutional issues. The unconditional deference to constitutional courts’ decisions constitutes the focal point in the legal architecture of any state following the principles of the rule of law. Such deference can be eroded not only by reluctant or hostile attitude of the political actors, but also by constitutional justices’ inability or lack of interest for the methodological aspects in underpinning their decisions. The critical assessment of the recent practice of the Romanian Constitutional Court was undertaken in the majority of cases in regard to the outcome – agreeable or not – and seldom considering the logical coherence of the reasoning. This paper examines one of the recent – and politically charged – decisions of the Romanian Constitutional Court (decision no. 358/2018), without considering extensively the fairness of its outcome, but by focusing on the methods used by the constitutional justices in substantiating their relevant arguments.

• Details
• Contents