Contribuţii ale jurisprudenţei la dezvoltarea controlului de constituţionalitate al legilor în România

Lector univ. dr. Marius ANDREESCU

Judecător, Curtea de Apel Piteşti

Universitatea din Piteşti

ABSTRACT

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

Based on these considerations, in this study we intend to highlight some aspects of constitutional jurisprudence. We underline its contribution to the constitutional review of laws in Romania. Under the Constitution of 1866,...