CONSTITUTION AND CONSTITUTIONALISM CONTEMPORARY ISSUE

• Main Authors: Marius ANDREESCU, Claudia ANDREESCU
• Format: Article
• Language: English
• Published: Nicolae Titulescu University Publishing House 2017-05-01
• Series: Challenges of the Knowledge Society
• Subjects: Constitution; constitutional supremacy; constitutional ideal and reality; fundamental rights; discretionary power of the state; constitutional reform
• Online Access: http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=03_public_law%2F&download=CKS_2017_public_law_003.pdf

In a democratic society, the judicial legitimacy of the state and its power, of its institutions, but also the social and political grounds are generated and determined by the Constitution, defined as expressively as possible as being: “The fundamental political and judicial settlement of a people” (I. Deleanu). The supremacy of the Constitution has as main effect the conformity of the entire system of law with the constitutional norms. Guaranteeing the compliance with this principle, essential for the state of law, is first of all an attribution of the Constitutional Court, but also an obligation of the legislative power to receive, through the adopted normative acts, in content and in form, the constitutional norms. Altering the fundamental law of a state represents a political and judicial act extremely complex with major meanings and implications for the socio-political and national systems, but also for each individual. This is why such measure should be very well justified, to answer certain socio-political and legal needs well shaped and mainly to match the principles and rules specific to a democratic constitutional and state system, by insuring its stability and functionality. These are a few aspects of the Romanian contemporary constitutionalism that this study shall critically analyse in order to differentiate between the constitutional ideal and reality.