2009Annals "Ştefan cel Mare" University of Suceava. Fascicle of the Faculty of Economics and Public AdministrationRequires access

ACCESS METHODS CONCERNING THE CONSTITUTIONAL CONTROL OF THE CONSTITUTIONAL COURT

Gabriela Nemţoi

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Abstract

The study concerning the laws’ constitutionality represents the reason of constitutional warranty on judicial standards, which governs a democratic state. The supremacy of constitution is only a principle, which has to be doubled by establishing a mechanism creating consistency to it. In order to assure the supremacy of constitution, the doctrine and constitutional practice have created efficient judicial institutions, the control of laws’ constitutionality by the competency of Constitutional Court. On carrying out the constitutional control, interpretation of Constitution and of laws in correlation between them is imposed, where this interpretation can be done by means of these two control systems approached by the Constitutional Court. Placing the laws’ constitutionality control within parameters of professionalism avoids the risk of intervention in governing, the official of competent public authority.

About this research paper

What this paper is about

The study concerning the laws’ constitutionality represents the reason of constitutional warranty on judicial standards, which governs a democratic state. The supremacy of constitution is only a principle, which has to be doubled by establishing a mechanism creating consistency to it. In order to assure the supremacy of constitution, the doctrine and constitutional practice have created efficient judicial institutions, the control of laws’ constitutionality by the competency of Constitutional Court. On carrying out the constitutional control, interpretation of Constitution and of laws in correlation between them is imposed, where this interpretation can be done by means of these two control systems approached by the Constitutional Court. Placing the laws’ constitutionality control within parameters of professionalism avoids the risk of intervention in governing, the official of competent public authority.

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Available abstract

The study concerning the laws’ constitutionality represents the reason of constitutional warranty on judicial standards, which governs a democratic state. The supremacy of constitution is only a principle, which has to be doubled by establishing a mechanism creating consistency to it. In order to assure the supremacy of constitution, the doctrine and constitutional practice have created efficient judicial institutions, the control of laws’ constitutionality by the competency of Constitutional Court. On carrying out the constitutional control, interpretation of Constitution and of laws in correlation between them is imposed, where this interpretation can be done by means of these two control systems approached by the Constitutional Court. Placing the laws’ constitutionality control within parameters of professionalism avoids the risk of intervention in governing, the official of competent public authority.

Key concepts: Constitutionality, Constitution, Law, Constitutional economics, Constitutional review, Doctrine, Political science, Constitutional law

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