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The Constitutional Court – An Innovation In The Romanian Constitutional System

Author

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  • Daniela Cristina VALEA

    ("Petru Maior" University of Tirgu-Mures, The Faculty of Economics, Law and Administrative Sciences)

Abstract

The control of constitutionality has an extremely important role in the functioning of the state of law. The premise for the birth of the control of constitutionality and the outlining of a control of constitutionality system is the necessity to guarantee ‘the supremacy of the law’, or ‘the supremacy of the Constitution’. In the constitutional systems in which the judge’s role of ‘constitutional judge’ was not recognized or assumed, the control of constitutionality was entrusted to a specialized body, deliberately created for this purpose (usually named constitutional court, tribunal or council). Austria and the Czech Republic were the first states to adopt a control of constitutionality system in the center of which lies this kind of a specialized body, initiative followed by an increased proliferation of these jurisdictional constitutional authorities, including in Romania. This paper represents a review of the Romanian Constitutional Court’s creation, considering both the procedural aspects and the reasons for which the Constituent Assembly has opted for a brand new institution in the Romanian constitutional system.

Suggested Citation

  • Daniela Cristina VALEA, 2010. "The Constitutional Court – An Innovation In The Romanian Constitutional System," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 40, pages 54-62, March.
    • Handle: RePEc:pmu:cjurid:v:40:y:2010:p:54-62
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj10/recjurid101_5F.pdf
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    Citations

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    Cited by:

    1. Lucian CHIRIAC & Roxana Silvia TRUTA, 2017. "Sur L'Indépendance Des Juges Et Leur Soumission Seulement Devant La Loi En Roumanie En Vue Des Propositions De Modification De La Loi No. 303/2004 Sur Le Statut Des Juges Et Des Procureurs Et La Loi N," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 71, pages 52-65, December.
    2. Mircea CRISTE, 2016. "Le Controle De Conventionalite:L'Ultime Frontiere," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 64, pages 43-55, March.

    More about this item

    Keywords

    control of constitutionality; the Constitutional Court; draft Constitution; political and jurisdictional control.;
    All these keywords.

    JEL classification:

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

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