Supremacy Of The Constitution Theoretical And Practical Considerations

Author:Marius Andreescu, Claudia Andreescu
Pages:116-128
SUMMARY

Regarding the term of supremacy of the constitution, many authors consider that it is notorious and therefore does not require a special scientific analysis. There are taken under consideration the characteristics of the fundamental law, such as its legal force and normative content, through which it expresses its superordinate position in the normative system of the state. In our analysis, we... (see full summary)

 
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LESIJ NO. XXV, VOL. 2/2018
SUPREMACY OF THE CONSTITUTION THEORETICAL AND PRACT ICAL
CONSIDERATIONS
Marius ANDREESCU
Claudia ANDREESCU
Abstract
Regarding the term of supremacy of the constitution, many authors con sider that it is notorious
and therefore does not require a special scientific analysis. There are taken under consideration the
characteristics of the fundamental law, such as its legal force and normative content, through which it
expresses its superordinate position in the normative system of the state. In o ur analysis, we
demonstrate that the supremacy of the constitution is a quality of the fundamental law that has complex,
social, political, historical and normative determinations and relates to the role of the constitution in
the state social system. The supremacy of constitution can not be reduced only to the formal significance
resulting from its legal force. In this context we consider the concept of supremacy as a constitutional
obligation with specific legal consequences. There are analyzed the consequences and guarantees of
the supremacy of the constitution, the role of the Constitutional Court in fulfilling the main function of
guarantor of the supremacy of the Constitution, as well as the competence of the courts, to guarantee
through specific procedures this quality of the fundamental law. In this aspect, jurisprudential issues
are presented and analyzed.
The relationship between the supremacy of the constitution and the principle of the priority of
the European Union law is another aspect of the research carried out in this study.
Keywords: The notion of constitution and the supremacy of the constitution, legality and
legitimacy, consequences and guarantees of constitutional supremacy, relationship between stability
and constitutional reform, the correspondence between the law and the constitutional principles.
1. Introduction
In order to understand the relation
between the two principles, i.e.
Constitution’s supremacy on the one hand,
and primacy o f European Union law on the
other hand, there are a few considerations
that are useful in connection to this quality
of the Basic Law of being supreme in the
rule of law, internal and social policy.
Constitution’s supremacy expresses
the upstrea m position of Basic law both in
the system of law, as well as in the entire
political and social system of every country.
Lecturer, PhD, University of Pitesti, Judge-Court of Appeal Pitesti (e-mail: andreescu_marius@yahoo.com).
 M.A. Diplomacy and negotiations, National University of Political Sciences and Public Administration of
Bucharest (e-mail: cl.andreescu@gmail.com).
In the narrow sense, constitution
supremacy’s scientific foundation results
from its form and content. Formal
supremacy is expressed by the superior legal
force, procedures derogating from common
law on adopting and amending the
constitutional rules, and material supremacy
comes from the specificity of regulations,
their co ntent, especially from the fact that,
by constitution, premises and rules for
organization, operation and duties of public
authorities are set out.

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