Contribuţii ale doctrinei şi jurisprudenţei constituţionale la construcţia principiilor proporţionalităţii şi egalităţii

Lector univ. dr. Marius ANDREESCU

Facultatea de Ştiinţe Economice şi Juridice,

Universitatea din Piteşti

Claudia ANDREESCU

Avocat, Baroul Bucureşti

ABSTRACT

For the Romanian law system, the jurisprudence does not have the quality of formal source of the law. However, the legal reality, viewed from the historical perspective, has demonstrated the essential role of the judicial practice in interpreting and applying the law, in building argumentative practices, in clarifying the will of the legislator and in discovering the less obvious meanings of the legal norms, and not least in unifying the thought. and legal practice. Therefore the case law, together with the doctrine, is an important component of the Romanian law system.

Based on these considerations, in this study we aim to highlight some aspects of constitutional jurisprudence. We emphasize its contribution to the...