The article examines the complex and strained relations between politics, the State and the Constitution, both by means of the famous debate over democracy and constitutionalism, and by means of the paradoxes of the legal formalism associated with the constitutional law, the political law par...

Starting from the description of how the fundamental law of Romania had been revised in 2003, so that its texts be in accordance with the fundamental principles that govern the European legislation, the author promotes several critical ideas, regarding the manner in which the revision of the...

In the contemporary world, the distinction between the state of peace and the state of war has been progressively blurred, the debate over national security has included new threats and new responses, and a large share of the military activities of constitutional democracies consists of...

In Romania, issues such as the civil procedure code or the constitutionality of a government request for a vote of confidence have generated fruitful debates on the jurisprudence of the Constitutional Court. In this respect, the author argues that its decisions can reflect an indirect dialogue...

Since March 1, 2010, administrative and judiciary judges are essential actors of the new process of a posteriori constitutional review. The ordinary judge is in the heart of a device based on a filtering system towards the Constitutional Council, which preserves the monopoly on the...

Due to the increasing importance of living in a healthy environment, in the context of enhanced pollution in our days and due to the fact that the European Convention for Protection of Human Rights does not consider this human right, The European Court for Human Right (E.C.H.R.) has decided its...

A majority of American states recognize the death penalty as a lawful and constitutional sentence for the most serious crimes committed by the most dangerous and blameworthy criminals. However, in recent years, numerous flaws in capital punishment systems have caused courts in the United States...

This article focuses on how human rights are putting their imprint on the civil and criminal law. Moreover the Constitution is a basis of legitimacy of all branches of law. After the analysis is the question of whether constitutional law is the basis of unifying the national law. We can not talk...

The analysis of the jurisprudence of the European Court of Human Rights gives basis for concluding that the authorities of the states, in their activity of international cooperation in combating crime, are obliged to respect human rights and fundamental freedoms guaranteed by the Convention for...

In the determination of his civil rights and obligations or of any cryminal charge against him, everyone is intitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. The fairness, equitable and publicity character of the trial...