Parlamentul, unica autoritate legiuitoare a ţării - adevăr sau mit?

Conf. univ. dr. Silviu Gabriel BARBU

Universitatea Transilvania din Braşov

Drd. Alexandru DOMŞA

Universitatea din Bucureşti

ABSTRACT

The final part of art. 61 para. (1) of the Romanian Constitution consecrates the role of the Parliament as sole legislative authority of the state. The legal doctrine considers the legislative delegation granted to the Government and to the President a genuine exception to the aforementioned rule, but are there any cases in which the feature of the Parliament of unique legislative authority of the state may be doubted? This article aims to identify and briefly analyze the cases in which, although certain normative acts hide under the formal umbrella of the law adopted by the Parliament, the content thereof is determined by other state bodies, which play the role of "shadow legislator", thus, questioning the absolute character of the legislative monopoly of the Parliament.

Keywords: Parliament,...