Constitutional Interpretation - art. 132 par. (1) of the Romanian Constitution, Republished

Gabriela Nemtoi
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Gabriela Nemtoi: Associate Professor PhD, "Stefan cel Mare" University, Suceava, Romania, Romania

European Journal of Law and Public Administration, 2018, vol. 5, issue 2, 163-170

Abstract: The justification of the interpretation is the very existence of constitutional texts. The first functional justification is that interpretation is the condition of law enforcement. The interpretation of the Constitution cannot be considered a purely scientific act, it is, in the first place, a manifestation of will imposed by the competent authority, in this case the Constitutional Court. Interpretations that claim to be true or correct are self-conceived as acts of knowledge, the result of a scientific approach, for only a scientific act may be true or false. Will manifestations can only be valid or invalid. However, legal interpretation in general is merely a clarification of the meaning of a legal norm in place. In this respect the Constitutional Court, in a jurisprudential momentum we say unlimited, re-enforce legal texts repealed plays often extensive constitutional provisions, establishes standards and incompatibilities, empower the President's rule etc. All in the name of the justice to interpret the Constitution and the laws. And all, of course, under the banner of the rule of law! [1: 207].

Keywords: Constitutional interpretation; administrative authority; principle of legality; principle of impartiality. (search for similar items in EconPapers)
JEL-codes: H7 K10 K15 K33 (search for similar items in EconPapers)
Date: 2018
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Persistent link: https://EconPapers.repec.org/RePEc:lum:ejlpa1:v:5:y:2018:i:2:p:163-170

DOI: 10.18662/eljpa/52

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