Conceptul de «Lege» din cuprinsul art. 53 din Constituţia României

Drd. Nicolae CARAUŞ

Şcoala Doctorală a Facultăţii de Drept, Universitatea din Craiova

ABSTRACT

The concept of "law" in art. 53 of the Romanian Constitution is susceptible to several interpretations. The normative acts adopted by the Parliament as the sole legislative authority of the country represent laws stricto sensu, respecting both the formal and the material criterion of defining the concept of "law", and the ordinances adopted by the Government, simple or emergency, represent laws lato sensu, respecting only the material criterion of defining the concept. The concept of "law" in art. 53 of the Romanian Constitution is not compatible with both the stricto sensu and lato sensu interpretations. An analysis of the relationship between freedom - autonomy and freedom - participation, as well as a teleological and systematic interpretation of art. 53 of the Romanian Constitution, highlights the compatibility of the concept...