The Constitutional Principle of Equality - Legal Significance and Social Implications

• Author: Marius Andreescu - Andra Puran - Claudia Andreescu
• Position: Court of Appeal Pitesti, Faculty of Economical Sciences and Law, University of Pitesti - Faculty of Economic Sciences and Law, University of Pitesti - National School of Political and Administrative Sciences Bucharest
• Pages: 83-92

Law, Society & Organisations

Volume II, Issue 3 (2 / 2017)

83

Marius ANDREESCU

Court of Appeal Pitesti, Faculty of Economical Sciences and Law, University of Pitesti

Andra PURAN

Faculty of Economic Sciences and Law, University of Pitesti

Claudia ANDREESCU

National School of Political and Administrative Sciences Bucharest

THE CONSTITUTIONAL PRINCIPLE OF

EQUALITY - LEGAL SIGNIFICANCE AND

SOCIAL IMPLICATIONS -

K

eywords

Equality as a constitutional principle,

Philosophical and legal content of the principle of

proportionality,

Interference between the principles of equality and

proportionality,

Equitable balance,

Principle of equality and tax obligations

Abstract

The equality in human rights and obligations, the equality of citizens before the law are fundamental

categories of the theories on social democracy but also conditions of the lawful state, without which

constitutional democracy cannot be conceived. In Romanian Constitution, this principle is consecrated in

the form of equality of the citizens before the law and public authorities. There are also particular aspects

of this principle consecrated in the Constitution. The constitutional principle of equality requires that

equal treatment be applied to equal situations. This social and legal reality implies numerous interferences

between the principle of equality and other constitutional principles. In this study, by using theoretical and

jurisprudential arguments, we intend to demonstrate that, in relation to contemporary social reality,

equality, as a constitutional principle, is a particular aspect of the principle of proportionality. The latter

one expresses in essence the ideas of: fairness, justice, reasonableness and fair appropriateness of state

decisions to the facts and legitimate aims proposed.