Constituționalizarea dreptului

Abstract

The enactment of the Constitution of the year 1991 represented a milestone in the perspective of beginning and deepening of progressive constitutionalisation of various benches of the Law. Thus, the new basic act became a determining factor and instrument in the evolution of the politico-legal system in its entirety as well as the development of the legal order in our country. Undoubtedly, the new Constitution had an extremely strong impact upon the whole society thus generating a series of phenomena, transformational processes at both the leve of the state system (regarding its structural and functional aspects) and the level of the entire society (first and foremost regarding the basic rights and liberties of the citizens). One of these phenomena is the constitutionalisation of the Law, becoming thus an issue of debate in the Romanian legal environment. The prezent work suggests a brief presentation of the main issues (without pretending to be exhaustive) related to the phenomenon of the constitutionalisation of the Law, such as the concept of the constitutionalisation of the Law, the content of this notion, the determining factors and some elements of comparative law. Also, we attempt to present the premises, especially the politico-legal ones as well as the excusively legal ones of the process of the constitutionalisation of the Law and the direct and indirect effects of this process. We are convinced, that in the Romanian Law, the constitutionalisation of the various branches of Law is a very general phenomenon and shows itself as a prolonged process, that warrants a basic theoretical and doctrinary debate. This work is a mere attempt or possibly, a challenge for such a debate.