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The legal procedural framework regarding the exception of unconstitutionality invoked before the ordinary courts, after the revision of the Constitution

Author

Listed:
  • IOAN SABAU-POP

    ("Petru Maior" University of Targu-Mures, Faculty of Economics, Law and Administrative Science, Romania)

  • AURELIAN OLIMPIU SABAU-POP

    ("Petru Maior" University of Targu-Mures, Faculty of Economics, Law and Administrative Science, Romania)

Abstract

The modern constitutionality, in what matters the political organization of the state and its settlement on a system of law, was preceded by the long experience of the power of absolute sovereigns that founded their existence on their divine origin. The Legislator, on the basis of national and state sovereignty has the available framework to legislate and in these sovereign powers it founds means of expression the laws that provide general guidelines for the national authorities, for the citizens and for the sovereign expression of the state at international level. The legislator in force enjoys the presumption of constitutionality. This presumption is an absolute one as long as the state lacks a control of constitutionality

Suggested Citation

  • Ioan Sabau-Pop & Aurelian Olimpiu Sabau-Pop, 2007. "The legal procedural framework regarding the exception of unconstitutionality invoked before the ordinary courts, after the revision of the Constitution," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 30, pages 7-29, December.
    • Handle: RePEc:pmu:cjurid:v:30-31:y:2007:p:7-29
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj07/recjurid073_41F.pdf
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    More about this item

    Keywords

    Presumption of constitutionality; Control of Constitutionality; Exception of Unconstitutionality; Absolute Sovereigns;
    All these keywords.

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)

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