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- Title
100 de ani de control al constituţionalităþii legilor în România.
- Authors
Duţu, Mircea
- Abstract
On February 2, 2012 we celebrate 100 years since, the IInd Division of the Tribunal Ilfov has finally confirmed, in the review no. 919 of February 2, 1912, by civil judgment no. 261 of the High Court of Cassation and Justice of 16 March the same year - after a tortuous case - the right judicial power to "control" the constitutionality of laws and, in case of conflict between one of these and the Basic Law, to give priority to the latter, thus not enforcing the one violating it. This is how the courts right to examine the constitutionality of laws - "one of the most powerful rights to secure the triumph of Law", "fame title of the Romanian Law" (A. Rãdulescu) - began to be established in our country, by resort to the courts. This is how the courts right to examine the constitutionality of laws - "one of the most powerful rights to secure the triumph of Law", "fame title of the Romanian Law" (A. Rãdulescu) - began to be established in our country, by resort to the courts. As it is known, control of law constitutionality in general and that carried out by the court in particular is considered one of the traditional and most important means of defense against the domination of the legislative and excesses of the executive, to achieve balance and mutual censoring between the three powers of the state. It is an English jurisprudence "invention" (Bonham's Case in 1610), taken up and developed in the U.S. (in the Case of Marbury v. Madison back in 1803 and established by the Amendment X of the 1787Constitution) and asserted later on as the fundamental legal institution of the rule of law, in the shape of two main models: the American and, respectively, the European or kelsenian court model.
- Subjects
JUDGMENT (Psychology); TRIUMPH; CONSTITUTIONAL law; CONFLICT of laws; LEGISLATION; DEFENSE (Civil procedure)
- Publication
Romanian Case Law Review / Revista Română de Jurisprudenţă, 2012, Issue 1, p225
- ISSN
1844-6450
- Publication type
Article