IDEAS home Printed from https://ideas.repec.org/a/pmu/cjurid/v41y2010p55-60.html
   My bibliography  Save this article

Contentious Constitutional And Contentious Administrative

Author

Listed:
  • Ionita COCHINTU

    (Assistant-Magistrate-in-chief, Constitutional Court of Romania.)

Abstract

The requirements of the State based on the rule of law, enshrined by Article 1 paragraph (3) first sentence of the Constitution, concern the major goals of state activity, foreshadowed in what is commonly called as being the rule of law, expression that implies subordination of the State to the law, ensuring those means that would allow the law to censor political actions and, within this framework, to ponder possible abusive, discretionary tendencies, of State structures. The rule of law ensures the supremacy of the Constitution, correlation of laws and of all legislative acts with the Constitution, the assurance of the regime of separation of public powers, which must act within the law, meaning within the limits of a law expressing the general will. The State based on the rule of law becomes so, the State that aims to ensure the supremacy of the Constitution and the rule of law. Supremacy of the Constitution and compliance of the laws with the Basic Law is ensured through the jurisdictional review of the constitutionality of laws, by a separate authority, independent of all others, and which is regulated by the Basic Law. This authority is the contentious constitutional court, which contributes to the strengthening of the rule of law materialized in the decisions rendered within the review of constitutionality of laws before promulgation, as well as in those rendered within the a posterior review, on certain provisions contained also in laws on contentious administrative. The Contentious Administrative, being one of the fundamental institutions of public law, over time, has had different regulations regarding both formal matters (authorities called to solve disputes of this type) and material matters (categories of disputes covered by this contentious), being several times subject to constitutional review. Thus, the Contentious Administrative has a scope clearly defined by law. This legal regulation is subject to the will of the legislator and to the review of constitutionality, in both its modalities of expression. In this way, the competent judicial authorities and the Constitutional Court have competences in ensuring the rule of law, the functioning of democracy and in guaranteeing the exercise of human rights.

Suggested Citation

  • Ionita COCHINTU, 2010. "Contentious Constitutional And Contentious Administrative," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 41, pages 55-60, June.
  • Handle: RePEc:pmu:cjurid:v:41:y:2010:p:55-60
    as

    Download full text from publisher

    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj10/recjurid102_5F.pdf
    Download Restriction: no

    References listed on IDEAS

    as
    1. Taco Brandsen & Victor Pestoff, 2006. "Co-production, the third sector and the delivery of public services," Public Management Review, Taylor & Francis Journals, pages 493-501.
    Full references (including those not matched with items on IDEAS)

    More about this item

    Keywords

    contentious constitutional; contentious administrative; rule of law; administrative act; public authority;

    JEL classification:

    • K19 - Law and Economics - - Basic Areas of Law - - - Other
    • K29 - Law and Economics - - Regulation and Business Law - - - Other

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:pmu:cjurid:v:41:y:2010:p:55-60. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Bogdan Voaidas) or (Rebekah McClure). General contact details of provider: http://edirc.repec.org/data/feuttro.html .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.