60 Lex ET Scientia. Juridical Series
LESIJ NO. XIX, VOL. 1/2012
CONSTITUTIONAL DISPOSITIONS REGARDING
Marta Claudia CLIZA
Elena Emilia ŞTEFAN
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
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
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
∗ Senior Lecturer, Ph.D., Faculty of Law “Nicolae Titulescu” University, Bucharest, Romania (e-mail:
∗ Assistant Lecturer, Ph.D. candidate, Faculty of Law “Nicolae Titulescu”, Bucharest, Romania (e-mail:
1 Ion Deleanu, Justiia constituional, (Lumina Lex Publishing House, Bucharest, 1995), p. 62.
2 Ion Deleanu, op.cit., p. 65.