Challenges of the Knowledge Society (May 2017)
CERTAIN ISSUES ON THE DETENTION OF AN INDIVIDUAL
Abstract
The dynamics of the law is natural in the existence and evolution of the state legal system. The law has to be actual, always actual, if not in a perfect harmony, at least in an efficient harmony with the social status of a country. The constitution, by being itself a law, more precisely a fundamental law, has to comply with the existences of the system dynamics. But not in any way. In order to fulfill its regulating and especially, civilizing role, constitutional revisions have to meet certain substantiations of content and legislative technique, but also certain demands of constitutionalism. One of these demands is that the revision (amendment, supplementation, etc.) of a constitutional text is not a step backwards as regards democracy and rule of law. The efficiency of constitutional revisions is questionable if they restrict or remove classic rules and principles such as: freedom respect, property respect, free access to justice, earned rights, presumption of innocence.
