SOME THOUGHTS ABOUT THE AGREEMENT BETWEEN CONSTITUTIONAL NORMS AND WILL OF SOCIETY FOR WHOM THESE ARE ADOPTED

Maria Orlov

FIAT IUSTITIA, 2016, vol. 10, issue 2, 202-209

Abstract: The rule of law system in any state, all the time, underwent a continuing process of modernisation and adjustment, so that to regulate social relations to fully comply with the will and aspirations of the nation. It is known that the perfect harmony cannot be reached provided that various and dynamic, as well as relatively egoistic interests of members of a society. The lawmaker, as exponent and representative of society, has the duty to keep this balance between the legal norms that he adopts and the will of those who enabled him with the power of representation and function of legislative creation. The efficiency to exercise this duty depends on the professional performance that the members of the parliament have and their capacity to feel society’s needs and aspirations, so that the adopted legal norms could ensure a smooth development of social life. When one speaks about the adoption or amendment of constitutional norms, about their agreement with the other legal norms and general will of society, an important role in this process is up to the Constitutional Court. In this context, further on shall be analysed some examples from the practice of the Constitutional Court of the Republic of Moldova in order to get an idea of the role it has inregulating constitutional crises.

Keywords: Legislative process; constitutional justice; supremacy; review; interpretation; notification; will of society (search for similar items in EconPapers)
JEL-codes: K10 (search for similar items in EconPapers)
Date: 2016
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