Caracterul unitar al capacităţii juridice a persoanei în dreptul constituţional

Florina MITROFAN

The unitary character of a person's legal capacity in constitutional law

Abstract

The supremacy of the rules of constitutional law implies several legal consequences, which need guarantees in order to be operable.

The guarantees for ensuring constitutional supremacy are, on the one hand, guarantees for ensuring the functioning of the entire system of law and, on the other hand, have a certain specificity derived from the fundamental character of the rules of constitutional law.

In order to analyse the particularities of legal capacity in constitutional law, the starting point is to identify the normative framework governing this important legal institution, highlighting the essential aspects concerning the defining elements, namely personhood and citizenship, as reflected in doctrine and case law.

Keywords: legal capacity, constitutional law, person, citizens, aliens, stateless persons etc.

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