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The supremacy of the Constitution would remain a mere theoretical matter if there were no adequate guarantees. Undeniably, constitutional justice and its particular form, the constitutionality control of laws, represent the main guarantee of the supremacy of the Constitution, as it is also expressly stipulated in the Fundamental Law of Romania. The obligation of the authorities, namely the parliament and the executive to have a constitutionally loyal behavior was stipulated for the first time in the jurisprudence of the French Constitutional Council, which is the constitutional court of France. This obligation is found in the powers that state authorities have to interpret and apply constitutional norms. It is not limited only to the simple requirement of legality of the acts and dispositions of the rulers, that is, to the formal observance of the law. In our opinion, the preoccupation of the political class and the state authorities in the current period, in relation to the current content of the Fundamental Law, should also be oriented towards its correct interpretation and application and respect for the democratic purpose of the constitutional institutions. For the consolidation of the rule of law in Romania, even in the current normative form of the Constitution, it is necessary that the political formations, especially those that hold the power, all the state authorities act or exercise their powers within the limits of a loyal constitutional behavior that implies respect for the meaning and the democratic meanings of the Constitution, the Christian Orthodox traditions and values of the Romanian people, the rights and dignity of the person. In this study we analyze doctrinal and jurisprudential aspects of the issue of resolving conflicts of a constitutional nature by state authorities and the concept of loyal constitutional behavior. [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The most striking expression of the social fact is the social norm. Man's social existence cannot be conceived without norms, mainly moral, religious and legal, that regulate and even determine the behavior of the human person in the social environment. The existence of any individual as a social being presupposes a series of obligations exercised throughout his life cycle, materialized in a series of norms, some of which complement each other, others appear contradictory to others, being specific to different interest groups. This system of rules is a condition for the existence of society's life, a mechanism that requires good management of human relations and removes the imminent danger of chaos. Social norms are imposed, promoted and perpetuated by several methods that we will analyze in our study Regardless of the field they regulate, social norms contain rules addressed to individuals, describing and detailing the ways in which values must be translated into legitimate behaviors and accepted by society. As social relations are extremely varied, a diversity of social norms that regulate these relations is also outlined. Thus, the system of social norms consists of the following groups: ethical norms, ordinary norms (customs), corporate norms, religious norms and legal norms. There are also technical norms that are not part of social determinism because they do not regulate social relations. Regarding the complex relationship between the normative legal system and, on the other hand, society, it can be seen that currently the legal system tends to have its own functional autonomy, apart from the objective or subjective determinations that society transmits. The autonomy of the judiciary tries to transform itself from a secondary, phenomenological and ideational structure, into one with its own reality, with the power to impose its order on the social and natural order. In this study we also analyze aspects of the work of normative codification. [ABSTRACT FROM AUTHOR]

The enshrining in modern democratic constitutions and international legal instruments of some human rights and freedoms is the result of a long historical process that includes philosophical, legal and political conceptions, theories, doctrines, but also different forms of recognition, normative consecration of them. The normative affirmation of human rights is the legal recognition of the human being in his existential individuality, man becomes a person in legal relations, the holder of rights and freedoms that he can oppose to the state and demand their guarantee and respect. The scientific research of fundamental rights and freedoms must be carried out on three levels: legal, philosophical, sociological. The constitutional evolution of human rights was characterized by the existence of two large categories of regulations: internal, of each state, and international. In constitutional law, the question of their correlation was raised and two principles were affirmed: 1. The application of conventions related to human rights must be done taking into account the need to harmonize international cooperation with the principle of state sovereignty and 2. International documents are the main means for their application, the assumption in good faith by the states parties of their obligations according to their normative content. Given the undeniable social and legal importance of enshrining human rights, one can speak of a new "religion" of fundamental rights enshrined by law. Is this conception justified? What are the theological, philosophical and legal meanings of human rights? Are freedoms and human rights really guaranteed by the states, including in Romania? To what extent are the rights of persons in special situations constitutionally guaranteed: foreigners, stateless persons, migrants, refugees? These are some of the topics we want to address in this study, with reference to the relevant doctrine and jurisprudence. [ABSTRACT FROM AUTHOR]

The provisions of Article 53 of the Constitution allow the restriction of the exercise of fundamental rights and freedoms, but only conditionally. The rules established by these regulations have the value of a constitutional principle, because they are applicable to all the fundamental rights and freedoms of the citizens. The Constitutional Court and the courts are the main state institutions that have the competence to guarantee the observance of the exercise of fundamental rights and freedoms of citizens, to verify the conformity of normative acts with the Fundamental Law and to the constitutionality of limits, conditions and restrictions of exercise of rights power of the Parliament and the Government when adopting restrictive measures. During the health crisis, the government restricted the exercise of essential fundamental rights, which severely affect people's private and social lives. In this study we analyze, based on the jurisprudence of the Romanian Constitutional Court, some international courts and some courts, the legitimacy and constitutionality of these restrictive measures as well as their current impact. [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The most striking expression of the social fact is the social norm. Man's social existence cannot be conceived without norms, mainly moral, religious and legal, that regulate and even determine the behavior of the human person in the social environment. The existence of any individual as a social being presupposes a series of obligations exercised throughout his life cycle, materialized in a series of norms, some of which complement each other, others appear contradictory to others, being specific to different interest groups. This system of rules is a condition for the existence of society's life, a mechanism that requires good management of human relations and removes the imminent danger of chaos. Social norms are imposed, promoted and perpetuated by several methods that we will analyze in our study Regardless of the field they regulate, social norms contain rules addressed to individuals, describing and detailing the ways in which values must be translated into legitimate behaviors and accepted by society. As social relations are extremely varied, a diversity of social norms that regulate these relations is also outlined. Thus, the system of social norms consists of the following groups: ethical norms, ordinary norms (customs), corporate norms, religious norms and legal norms. There are also technical norms that are not part of social determinism because they do not regulate social relations. Regarding the complex relationship between the normative legal system and, on the other hand, society, it can be seen that currently the legal system tends to have its own functional autonomy, apart from the objective or subjective determinations that society transmits. The autonomy of the judiciary tries to transform itself from a secondary, phenomenological and ideational structure, into one with its own reality, with the power to impose its order on the social and natural order. In this study we also analyze aspects of the work of normative codification. [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The most striking expression of the social fact is the social norm. Man's social existence cannot be conceived without norms, mainly moral, religious and legal, that regulate and even determine the behavior of the human person in the social environment. The existence of any individual as a social being presupposes a series of obligations exercised throughout his life cycle, materialized in a series of norms, some of which complement each other, others appear contradictory to others, being specific to different interest groups. This system of rules is a condition for the existence of society's life, a mechanism that requires good management of human relations and removes the imminent danger of chaos. Social norms are imposed, promoted and perpetuated by several methods that we will analyze in our study Regardless of the field they regulate, social norms contain rules addressed to individuals, describing and detailing the ways in which values must be translated into legitimate behaviors and accepted by society. As social relations are extremely varied, a diversity of social norms that regulate these relations is also outlined. Thus, the system of social norms consists of the following groups: ethical norms, ordinary norms (customs), corporate norms, religious norms and legal norms. There are also technical norms that are not part of social determinism because they do not regulate social relations. Regarding the complex relationship between the normative legal system and, on the other hand, society, it can be seen that currently the legal system tends to have its own functional autonomy, apart from the objective or subjective determinations that society transmits. The autonomy of the judiciary tries to transform itself from a secondary, phenomenological and ideational structure, into one with its own reality, with the power to impose its order on the social and natural order. In this study we also analyze aspects of the work of normative codification. [ABSTRACT FROM AUTHOR]

The most striking expression of the social fact is the social norm. Man's social existence cannot be conceived without norms, mainly moral, religious and legal, that regulate and even determine the behavior of the human person in the social environment. The existence of any individual as a social being presupposes a series of obligations exercised throughout his life cycle, materialized in a series of norms, some of which complement each other, others appear contradictory to others, being specific to different interest groups. This system of rules is a condition for the existence of society's life, a mechanism that requires good management of human relations and removes the imminent danger of chaos. Social norms are imposed, promoted and perpetuated by several methods that we will analyze in our study Regardless of the field they regulate, social norms contain rules addressed to individuals, describing and detailing the ways in which values must be translated into legitimate behaviors and accepted by society. As social relations are extremely varied, a diversity of social norms that regulate these relations is also outlined. Thus, the system of social norms consists of the following groups: ethical norms, ordinary norms (customs), corporate norms, religious norms and legal norms. There are also technical norms that are not part of social determinism because they do not regulate social relations. Regarding the complex relationship between the normative legal system and, on the other hand, society, it can be seen that currently the legal system tends to have its own functional autonomy, apart from the objective or subjective determinations that society transmits. The autonomy of the judiciary tries to transform itself from a secondary, phenomenological and ideational structure, into one with its own reality, with the power to impose its order on the social and natural order. In this study we also analyze aspects of the work of normative codification. [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The procedure for amending the Constitution is extremely difficult, almost impossible in the current social and political context. The essence of a constitution is its stability over time because only in this way it can ensure the stability of the entire normative system of a state, the certainty and predictability of the conduct of legal subjects, but also to ensure the legal, political and economic stability of the social system as a whole. The obligation of the authorities, respectively of the parliament and of the executive to have a loyal constitutional conduct was for the first time stipulated in the jurisprudence of the French Constitutional Council, which is the constitutional court of France. This obligation is found in the attributions that the state authorities have to interpret and apply the constitutional norms. It is not limited to the simple requirement of legality of the acts and provisions of the rulers, i.e., to the formal observance of the law. In our opinion, the concern of the political class and the state authorities in the current period, in relation to the current content of the Fundamental Law, should be oriented towards its correct interpretation and application and respect for the democratic finality of constitutional institutions. In order to consolidate the rule of law in Romania, even in the current normative form of the Constitution, it is necessary that political parties, especially those in power, and all state authorities act or exercise their powers within the limits of loyal constitutional behaviour and the democratic meanings of the Constitution, the Orthodox Christian traditions and values of the Romanian people, the rights and dignity of the person. In this study we analyze aspects of doctrine and jurisprudence of the concept of "loyal constitutional behaviour". [ABSTRACT FROM AUTHOR]

The Romanian Constitution uses a simple and efficient procedure for regulating the restriction of the exercise of certain rights and freedoms (common circumstances), through the provisions of a single article. The provisions of Art 53 allow the restriction of the exercise of some fundamental rights and freedoms, but only conditionally. The issue of interpretation and application of the provisions of Art 53 presents a special complexity because the restrictions may concern the exercise of any fundamental right or freedom enshrined and guaranteed by the Constitution, except for those considered to be absolute. The complexity is also due to the diversity of concrete situations that justify the restriction of the exercise of certain rights. The rules established by the provisions of art. 53 have the value of a constitutional principle, because they are applicable to all the fundamental rights and freedoms of the citizens. The Constitutional Court and the courts are the main state institutions that have the competence to guarantee the observance of the exercise of fundamental rights and freedoms of citizens, to verify the conformity of normative acts with the Fundamental Law and to the constitutionality of limits, conditions and restrictions of exercise of rights, power of Parliament and the Government when adopting restrictive measures. In exceptional situations, such as the state of emergency or the state of alert established for a long time on the Romanian territory, the rulers have restricted the exercise of some essential fundamental rights, restrictions that seriously affect the private and social life of the people. In this study we analyse, based on the jurisprudence of the Romanian Constitutional Court, some international courts and other courts, the legitimacy and constitutionality of these restrictive measures. [ABSTRACT FROM AUTHOR]

An essential dimension of the rule of law is the consecration and guarantee of fundamental rights and freedoms, ensuring the optimal conditions for applying them. State authorities have a negative obligation to refrain from any arbitrary or excessive interference that may limit or condition the exercise of constitutional rights. Any restriction on applying fundamental rights and freedoms by measures ordered by the state authorities must be exceptional and must comply with the conditions imposed by the Constitution but also by the relevant international legal instruments. Based on these premises, this study analyzes the constitutional institution of restricting the exercise of certain rights. It also looks into the main particularities of the principle of proportionality applied when restricting the exercise of certain rights, with references to the jurisprudence of the Constitutional Court and the European Court of Human Rights. [ABSTRACT FROM AUTHOR]

For the Romanian legal system, the case law does not have the quality of a formal source of law. However, the legal reality, viewed also from a historical perspective, has demonstrated the essential role of judicial practice in the interpretation and application of the law, in building argumentative practices, in clarifying the will of the legislator and discovering the less obvious meanings of legal norms and, last but not least, in the unification of legal thinking and practice. That is why case law, along with doctrine, is an important component of the Romanian legal system. Starting from these considerations, in this study we aim to emphasize some aspects of the role of the constitutional case law in shaping and even in the development of some principle s of law. We emphasize in particular its contribution to the emergence and development of the constitutional review of laws, as well as to the edification of principles of law. We mainly analyze the role of judicial practice in the construction of the principle of proportionality in constitutional law, of the principle of equality and the interference between the principle of proportionality and the principle of equality. In this sense, we support the role of the case law not only in the correct interpretation and application of constitutional norms, but also in their construction, in discovering the existing normative meanings most often only implicitly in the formal expression of the legal norm of the above-mentioned constitutional principles. Thus, the case law in constitutional matters is not limited to the interpretation by classical methods of the norms of the Fundamental Law, but has an important contribution to the clarification and construction of some principles of law, to the constitutionalization of the entire legislative system and of judicial practice of all courts of law. [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

For the Romanian legal system, the jurisprudence does not have the quality of a formal source of law. Nevertheless, a legal reality, viewed from a historical perspective, has demonstrated the essential role of judicial practice in interpreting and enforcing the law, in constructing argumentative practices, in clarifying the will of the legislator and in discovering the less obvious meanings of legal norms and, last but not least, in unifying thought and legal practice. Therefore jurisprudence, along with doctrine, is an important component of the Romanian legal system. Based on these considerations, in this study we intend to highlight some aspects of constitutional jurisprudence. We underline its contribution to the emergence and development of the constitutionality control of laws as well as the building of some principles of law. We mainly analyze the role of judicial practice in constructing the principle of proportionality in the constitutional law, of the principle of equality and the interference between the principle of proportionality and the principle of equality. In this respect, we support the role of jurisprudence not only in the correct interpretation and application of constitutional norms, but also in their construction, in the discovery of normative meanings which are often only implicit in the formal expression of the rule of law of the constitutional principles mentioned above. By doing this, the constitutional jurisprudence does not limit itself to the interpretation of the rules of the Fundamental Law in accordance with the classical methods, but also has an important contribution to the clarification and construction of some principles of law, to the constitutionalisation of the entire legal system and of the judicial practice from all the courts. [ABSTRACT FROM AUTHOR]

The scientific basis of the supremacy of the Constitution is an important issue of the practice and theory of constitutionality. This preoccupation is related to the role of the Constitution in the normative system, in the hierarchization of the norms, as well as to the place of the constitutional law in the legal system. Th e supremacy of Constitution has as main consequence the compliance of entire law with the constitutional norms. Guaranteeing of the observance of this principle is essential for the rule of law, is primarily an attribute of the Constitutional Court of Romania, but also an obligation of the legislator to receive by texts adopted, within its content and form, the constitutional norms. [ABSTRACT FROM AUTHOR]

For the Romanian legal system, the jurisprudence does not have the quality of a formal source of law. Nevertheless, a legal reality, viewed from a historical perspective, has demonstrated the essential role of judicial practice in interpreting and enforcing the law, in constructing argumentative practices, in clarifying the will of the legislator and in discovering the less obvious meanings of legal norms and, last but not least, in unifying thought and legal practice. Therefore jurisprudence, along with doctrine, is an important component of the Romanian legal system. Based on these considerations, in this study we intend to highlight some aspects of constitutional jurisprudence. We underline its contribution to the emergence and development of the constitutionality control of laws as well as the building of some principles of law. We mainly analyze the role of judicial practice in constructing the principle of proportionality in the constitutional law, of the principle of equality and the interference between the principle of proportionality and the principle of equality. In this respect, we support the role of jurisprudence not only in the correct interpretation and application of constitutional norms, but also in their construction, in the discovery of normative meanings which are often only implicit in the formal expression of the rule of law of the constitutional principles mentioned above. By doing this, the constitutional jurisprudence does not limit itself to the interpretation of the rules of the Fundamental Law in accordance with the classical methods, but also has an important contribution to the clarification and construction of some principles of law, to the constitutionalization of the entire legal system and of the judicial practice from all the courts. [ABSTRACT FROM AUTHOR]

Few legal, philosophical, or theological categories have given rise to such a great interest as the issue of human freedom. It is natural to be so because freedom is not only a concept, but rather an ontological dimension of man viewed as a person but also in the social environment. Freedom of expression is an important form of human freedom, which is transposed into a legal form and becomes a fundamental constitutional right. In this study we analyze the main doctrinal and jurisprudence aspects of freedom of expression. As a novelty aspect to other similar studies, the correlations between the legal form and some theological and philosophical interpretations of freedom of expression are analyzed. In the context of the development of information technology in the field of communication, important aspects of constitutional jurisprudence regarding the protection of freedom of expression are analyzed, especially in the situation where the exercise of this fundamental right could be conditioned or restricted. [ABSTRACT FROM AUTHOR]

Any attempt in the sphere of the humanities to characterize and explain the man in his individuality, but also in the social existential context relates also to the problem of freedom. Freedom is essentially related to the human being, but also to the existential phenomenality of man. Man is the only being whose fundamental ontological dimensions are freedom and spirit. In this study, the authors briefly analyze the concept of freedom not only as a moral value or category, but especially as an ontological dimension of man. In this way, the distinction is made between the ontological freedom and the legal freedoms established or recognized by means of legal norms by the state. The legal freedoms are a phenomenal expression of human existence, whose legitimacy and ground are conferred by the ontological dimension of human freedom. In this context, there are analyzed the main characteristics of the legal freedoms and the practical importance of the ontological meaning that must be found in the freedoms established by law. [ABSTRACT FROM AUTHOR]

For the Romanian legal system, the case law does not have the quality of formal source of law. Nevertheless, the legal reality, also seen from a historical perspective, has demonstrated the essential role of the judicial practice in interpreting and enforcing the law, in constructing the argumentative practices, in clarifying the will of the legislator, and in discovering less obvious meanings of the legal norms, and last but not least to the unification of legal thinking and practice. Therefore the case law, together with the doctrine, is an important component of the Romanian legal system. Staring from these considerations, in this study we aim to emphasize a few aspects of constitutional case law. We are underlining its contribution to the emergence of the constitutionality control of laws in Romania. Under the influence of the Constitution of 1866, which did not regulate such a control in an institutional manner, the courts have assumed this competence by interpreting the law and by jurisprudential way. There are also presented and analyzed important contributions of the case law of the Constitutional Court, but also of the judiciary courts to the development of constitutionality control in our country. We support the idea that the case law currently plays an important role in the interpretation of the constitutional norms, including in terms of deepening the forms of constitutional control. [ABSTRACT FROM AUTHOR]

The doctrine of the state of law springs from the German theory and case law, but at present it is also a requirement and a reality of the constitutional democracy in the contemporary society. At present, the state of law is no longer merely a doctrine, but a fundamental principle of democracy enshrined in the Constitution and in international political and legal documents. In essence, the concept of the state of law is based on the supremacy of law in general and of the Constitution in particular. Essential to the contemporary realities of the state of law are the following fundamental elements: the moderation of the exercise of state power in relation to the law, the consecration, guarantee and respect for the constitutional human rights especially by the state power, and last but not least, the independence and impartiality of justice. In this study we are analyzing the most important elements and features of the state of law with reference to the contemporary realities in Romania. An important aspect of the analysis relates to the separation, balance and collaboration of the state powers, in relation to constitutional provisions. The most significant aspects of the case law of the Constitutional Court regarding the state of law are analyzed. [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

To the Romanian system of law, jurisprudence does not have the quality of a formal source of law. Nevertheless, a legal reality, viewed from a historical perspective, has demonstrated the essential role of judicial practice in interpreting and enforcing the law, in constructing argumentative practices, in clarifying the will of the legislator, and in discovering the less obvious meanings of legal norms and, last but not least, in unifying thought and legal practice. Therefore, jurisprudence, along with doctrine, is an important component of the Romanian system of law. Based on these considerations, we intend to highlight some aspects of constitutional jurisprudence in this paper. We underline its contribution to the constitutional review of laws in Romania. Under the Constitution of 1866, which did not regulate institutionally such a control, the courts have assumed this competence by interpreting the law and by way of jurisprudence. Important aspects of the Constitutional Court jurisprudence and of the courts in the development of constitutional review in our country are presented and analysed. We support the idea that jurisprudence currently plays an important part in the interpretation of constitutional norms, including with regard to deepening the constitutional review forms. [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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. [ABSTRACT FROM AUTHOR]