Constitutional dispositions regarding legal liability

• Author: Marta Claudia Cliza - Elena Emilia Stefan
• Position: Senior Lecturer, Ph.D., Faculty of Law 'Nicolae Titulescu' University, Bucharest, Romania - Assistant Lecturer, Ph.D. candidate, Faculty of Law 'Nicolae Titulescu', Bucharest, Romania
• Pages: 60-68

60 Lex ET Scientia. Juridical Series

LESIJ NO. XIX, VOL. 1/2012



CONSTITUTIONAL DISPOSITIONS REGARDING

LEGAL LIABILITY

Marta Claudia CLIZA

∗

Elena Emilia ŞTEFAN

∗

Abstract

Along history, by way of common law or written means, the states were concerned with

creating rules regarding the state bodies exercising political power at a certain given moment, as

well as rules regarding the establishing and exercise of power, all these materializing in a document

with fundamental value or transmitted via historical habits and traditions. In the present study, we

attempt to capture the manner in which the Constitution of Romania, considered a rigid Constitution,

captures the legal regime of liability. Also, the analysis will sometimes mingle with the presentation

of the Constitutional Court’s role in treating this subject.

Keywords: Constitution, liability, review, decision, person injured in a legitimate right or

interest.

Introduction

We aim, in the following, to present the manner of regulating legal liability in the country’s

fundamental law. A rigorous approach, from the scientific point of view, determines us that, before

proceeding to the analysis of the actual topic of our study, to make a presentation of the notion of

Constitution and of its importance in a state.

The weight center of the paper is represented by the analysis of the senses of the legal liability

expression, regulated by the Constitution.

Finally, we aim to achieve a synthesis of the conclusions drawn after the analysis performed

and to try to identify the answer to the question: does legal liability have constitutional consecration

or not?

Section 1. The notion of Constitution and its importance in a state

As a viewpoint was expressed in the doctrine, the Constitution is a fundamental politic

document; it expresses a philosophy and an ideology1; it is a coded product of the political

circumstances and of the social conditions existing at the moment of its writing and, in time, it

becomes a system of conjectural resources.2

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∗ Senior Lecturer, Ph.D., Faculty of Law “Nicolae Titulescu” University, Bucharest, Romania (e-mail:

cliza_claudia@yahoo.com).

∗ Assistant Lecturer, Ph.D. candidate, Faculty of Law “Nicolae Titulescu”, Bucharest, Romania (e-mail:

stefanelena@gmail.com).

1 Ion Deleanu, Justiia constituional, (Lumina Lex Publishing House, Bucharest, 1995), p. 62.

2 Ion Deleanu, op.cit., p. 65.