THE RULE OF LAW AND PRINCIPLE OF THE SUPREMACY OF LAW

Marius Andreescu and Claudia Andreescu

FIAT IUSTITIA, 2019, vol. 13, issue 1, 7-23

Abstract: The doctrine of the rule of law originates from German theory and case-law, but is now a requirement and a reality of constitutional democracy in contemporary society. At present, the rule of law is no longer a simple doctrine but a fundamental principle of democracy consecrated by the Constitution and international political and legal documents. In essence, the concept of the rule of law is based on the supremacy of the law in general and of the Constitution in general. Essential for the contemporary realities of the rule of law are the following fundamental elements: the moderation of the exercise of state power in relation to the law, the consecration, the guarantee and the observance of the constitutional rights of man especially by the state power and, last but not least, the independence and impartiality of justice. In this study we analyse the most important elements and features of the rule of law with reference to the contemporary realities in Romania. An important aspect of the analysis refers to the separation, balance and cooperation of the state powers, in relation to the constitutional provisions. The most significant aspects of the case-law of the Constitutional Court on the rule of law are being analysed.

Keywords: Conditions of the rule of law; powers separation and balance; law supremacy; guarantee of fundamental rights; contemporary realities and aspects of constitutional case-law (search for similar items in EconPapers)
JEL-codes: K00 (search for similar items in EconPapers)
Date: 2019
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