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

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