Constitution and constitutionalism contemporary issue

• Author: Marius Andreescu - Claudia Andreescu
• Position: Judge-Court of Appeal Pitesti, Lecturer,PhD. ? University of Pitesti (email: andreescu_marius@yahoo.com). - M.A. Diplomacy and negotiations, National University of Political Sciences and Public Administration of Bucharest.
• Pages: 48-60

LESIJ NO. XXIV, VOL. 1/2017

CONSTITUTION AND CONSTITUTIONALISM CONTEMPORARY ISSU E

Marius ANDREESCU

Claudia ANDREESCU

Abstract

In a democratic society, the judicial legitimacy of the state and its powe r, of its institutions, but a lso

the social and political grounds are generated and determined by the Constitution, defined as

expressively as possible as bein g: “The fundamental political and judicial settlement of a people” (I.

Deleanu).

The supremacy of the Constitution has as main effect the conformity of the entire system of law with

the constitutional norms. Guaranteeing the compliance with th is principle, essential for the state of

law, is first of all an attribution of the Constitutional Court, but also an obligation of the legislative

power to receive, through the adopted normative acts, in content and in form, the constitutional norms.

Altering the fundamental law of a state represents a political and judicial act extremely complex with

major meanings and implications for the socio-political and n ational systems, but also for each

individual. This is why such measure should be very well justified, to answer certain socio-political

and legal needs well shaped and mainly to match the principles and rules specific to a democratic

constitutional and state system, by insuring its stability and functionality.

These are a few aspects of the Romanian contemporary constitutionalism that this study shall critically

analyse in order to differentiate between the constitutional ideal and reality.

Keywords: Constitution, constitutional supremacy, constitutional ideal and reality, fundamental

rights, discretionary power of the state, constitutional reform.

Introduction

For any people, for any form of

modern social state organization, the

Constitution was and is an ideal given by the

meanings and role of the fundamental law

especially for each one’s social existence.

In modern history, starting with the

18th century, the constitution has b een

imposed along with other major institutions

created with the purpose of expressing the

political, economic or legal structural

transformations as the fundamental la w of a

state. Towards the importance and meanings

of the Constitution, o f the p ractices in this

area, it is considered as the fundamental

 Judge-Court of Appeal Pitesti, Lecturer,PhD. – University of Pitesti (email: andreescu_marius@yahoo.com).

 M.A. Diplomacy and negotiations, National University of Political Sciences and Public Administration of Bucharest.

political and judicial settlement of a state.

This is why the Co nstitution was and is

created in a broader vision, exceeding the

politics, not only as a fundamental law, but

also as a p olitical and state reality

identifiable with the society it creates or

shapes and for whom its adoption has the

meaning of a true revolution.

The constitution states the

fundamental principles of the eco nomic,

political, social and legal life, in accordance

with the fundamental values promoted and

protected by the state. The people, according

to Hegel, must have, for his constitution, the

feeling of his law and state of fact, thus it

may exist, in an exterior form, but without