The legal procedural framework regarding the exception of unconstitutionality invoked before the ordinary courts, after the revision of the Constitution

Ioan Sabau-Pop () and Aurelian Olimpiu Sabau-Pop ()
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Ioan Sabau-Pop: "Petru Maior" University of Targu-Mures, Faculty of Economics, Law and Administrative Science, Romania
Aurelian Olimpiu Sabau-Pop: "Petru Maior" University of Targu-Mures, Faculty of Economics, Law and Administrative Science, Romania

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2007, vol. 30-31, 7-29

Abstract: The modern constitutionality, in what matters the political organization of the state and its settlement on a system of law, was preceded by the long experience of the power of absolute sovereigns that founded their existence on their divine origin. The Legislator, on the basis of national and state sovereignty has the available framework to legislate and in these sovereign powers it founds means of expression the laws that provide general guidelines for the national authorities, for the citizens and for the sovereign expression of the state at international level. The legislator in force enjoys the presumption of constitutionality. This presumption is an absolute one as long as the state lacks a control of constitutionality

Keywords: Presumption of constitutionality; Control of Constitutionality; Exception of Unconstitutionality; Absolute Sovereigns (search for similar items in EconPapers)
JEL-codes: K10 (search for similar items in EconPapers)
Date: 2007
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Persistent link: https://EconPapers.repec.org/RePEc:pmu:cjurid:v:30-31:y:2007:p:7-29

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