 THE PRINCIPLE OF JUSTICE CONSOLIDATION – AN IMMANENT CONDITION OF THE CONTEMPORARY JUSTICEAndrei Negru ()
Jurnalul de Studii Juridice, 2012, vol. 3-4, 75-88 Abstract: The present study represents a theoretical and praxeological analysis, in terms of the quality of justice as a phenomenon. It aims to improve it to such an extent as to acquire a firm and unquestionable status of a consolidated justice. Taking into account the national juridical reality, we see the inability of the classical principles that characterize judges, the judiciary, and justice as a whole - the principles of independence, impartiality and integrity – to ensure by themselves the characteristics of quality and efficiency of justice. Thus, it is proposed for the first time to develop a complex process of consolidation of justice aimed to reach the desired end goal consisting of the identification of a hierarchical status of consolidated justice, as premise and purpose of the state of law. Considering the logical goal to consolidate justice as a principle, it is obvious the need to recognize it as a fundamental principle. And, as any true pillar of values in the activity and functioning of justice as a trichotomous element of the state power, it is indisputably necessary to find this principle of completeness in the normative - juridical content of the Supreme Law. This is an innovative proposal contained in the present study and the importance of this approach is explained through the impact of these legislative changes on the practical work of justice as a whole and of judges in particular. Special focus is also placed on the psychological load of the justice consolidation process, and in particular on the final status of consolidated justice, which is not only an index of the quality of justice and of the legal regulations in the field, but also one pertaining to the quality and efficiency of each judge. Thus, the current work includes a comprehensive and innovative analysis on the prerequisites that would allow for the identification and maintenance of the consolidated justice status, which, in its turn, is a fundamental and integrating pillar of justice as a phenomenon. Keywords: the justice consolidation process; the principle of justice consolidation; state of law; the independence of justice; the impartiality of justice; the integrity of justice (search for similar items in EconPapers) Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:lum:rev4rl:v:3-4:y:2012:i::p:75-88 Access Statistics for this article More articles in Jurnalul de Studii Juridice from Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi |
Is your work missing from RePEc? Here is how to contribute.
Questions or problems? Check the EconPapers FAQ or send mail to .
EconPapers is hosted by the
School of Business at Örebro University.