2011•RePEc: Research Papers in EconomicsRequires access

THE CONTROL OF CONSTITUTIONALITY OF THE INITIATIVES FOR REVISION OF THE ROMANIAN CONSTITUTION

Daniela Cristina Valea

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Abstract

When the concept of “supremacy of the Constitution” appeared, it also brought into discussion its protection. Thus, slowly but surely, different means of protecting the Constitution and its supremacy took shape, including the control of constitutionality. The purpose of the constitutionality control – the protection of the constitution – is fully achieved only when the cases the restriction of the fundamental law circumscribe to the control. The modern Romanian constitutional system established also the control of constitutionality of the initiatives for revision of the constitution forwarded to the Constitution’s “guardian” – the Constitutional Court of Romania. This paper features a review of key aspects regarding the exercise of constitutional control initiatives to revise the Constitution such as: the competent authority and the foundation of that power, the notification procedure, the procedure of exercising the control for that mater, the solutions of the Constitutional Court and a summary of the practice of the Constitutional Court of Romania in this field.

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When the concept of “supremacy of the Constitution” appeared, it also brought into discussion its protection. Thus, slowly but surely, different means of protecting the Constitution and its supremacy took shape, including the control of constitutionality. The purpose of the constitutionality control – the protection of the constitution – is fully achieved only when the cases the restriction of the fundamental law circumscribe to the control. The modern Romanian constitutional system established also the control of constitutionality of the initiatives for revision of the constitution forwarded to the Constitution’s “guardian” – the Constitutional Court of Romania. This paper features a review of key aspects regarding the exercise of constitutional control initiatives to revise the Constitution such as: the competent authority and the foundation of that power, the notification procedure, the procedure of exercising the control for that mater, the solutions of the Constitutional Court and a summary of the practice of the Constitutional Court of Romania in this field.

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Available abstract

When the concept of “supremacy of the Constitution” appeared, it also brought into discussion its protection. Thus, slowly but surely, different means of protecting the Constitution and its supremacy took shape, including the control of constitutionality. The purpose of the constitutionality control – the protection of the constitution – is fully achieved only when the cases the restriction of the fundamental law circumscribe to the control. The modern Romanian constitutional system established also the control of constitutionality of the initiatives for revision of the constitution forwarded to the Constitution’s “guardian” – the Constitutional Court of Romania. This paper features a review of key aspects regarding the exercise of constitutional control initiatives to revise the Constitution such as: the competent authority and the foundation of that power, the notification procedure, the procedure of exercising the control for that mater, the solutions of the Constitutional Court and a summary of the practice of the Constitutional Court of Romania in this field.

Key concepts: Constitutionality, Constitution, Romanian, Law, Political science, Constitutional review, Constitutional court, Philosophy

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