The USV Annals of Economics and Public Administration, Vol 10, No 3

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Some aspects of the constitutionality of laws control

Luminita Dragne

Abstract


The Constitution is the fundamental law of a State, its supremacy is ensured by a special and complex mechanism called the control of the constitutionality of laws. For this purpose it was created an effective mechanism resulted in a legal institution called review the constitutionality of laws and that includes all procedures that ensure the supremacy of the Constitution. The notion of control of constitutionality of laws means all methods through which the verification of compliance with constitutional law. It is a competent body to determine non-compliance of the law or provisions of law with the Constitution different from a constitutional system to another, how to regulate fundamental relations and constitutional tradition, determining each state agency to achieve constitutional justice. Constitutional practice were imposed two forms of constitutional law control: control by a court, known as the American model and control system or a particular unique and specialized body system called the European model. Romanian constituent legislature opted for the European model of control of constitutionality of laws, assigning it a special and specialized control, called the Constitutional Court. Political-judicial body, the Constitutional Court of Romania consists of nine judges, three appointed by the Chamber of Deputies, three by the Senate and three by the President of Romania, for a term of nine years. Under the European model of constitutional justice, the law provides exclusive Constitutional Court the constitutionality of laws in matters.

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                     Ştefan cel Mare University of Suceava                   Faculty of Economics and Public Administration
 

 

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