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THE SIMPLICITY OF THE FORM AND COMPLEXITY OF NORMATIVE CONTENT OF CONSTITUTION.

Authors :
ANDREESCU, Marius
Source :
International Conference: Challenges of the Knowledge Society (CKS); 2015, p342-348, 7p
Publication Year :
2015

Abstract

The coding is not only the expression of the political will of the law maker, it firstly is a complex juridical technique for the choosing and systematization of the normative content necessary and adequate to certain social, political, economical, institutional realities. Since Constitution is a law, yet it nevertheless distinguishes itself from the law, the problem is to establish which juridical norms it contains. The solving of this problem needs to consider the specific of the fundamental law and also of the requirements of the coding theory. The determining with all scientific stringency of the normative content of the Constitution is indispensable both for the removal of any inaccuracy in delimiting the differences from the law, for the stability and predictability of the fundamental law and last, but not the least, for the reality and effectiveness of its supremacy. In our study we realize an analysis based on compared criterions of the techniques and exigencies for the choosing and systematization of the constitutional norms with reference to their specific, to the practice of other states and within a historical context. The analysis is aiming to the actual proposals for the revising of the Constitution. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
20687796
Database :
Supplemental Index
Journal :
International Conference: Challenges of the Knowledge Society (CKS)
Publication Type :
Conference
Accession number :
103127521