SUPREMACY OF THE CONSTITUTION THEORETICAL AND PRACTICAL CONSIDERATIONS

Abstract

Regarding the term of supremacy of the constitution, many authors consider that it is notorious and therefore does not require a special scientific analysis. There are taken under consideration the characteristics of the fundamental law, such as its legal force and normative content, through which it expresses its superordinate position in the normative system of the state. In our analysis, we demonstrate that the supremacy of the constitution is a quality of the fundamental law that has complex, social, political, historical and normative determinations and relates to the role of the constitution in the state social system. The supremacy of constitution can not be reduced only to the formal significance resulting from its legal force. In this context we consider the concept of supremacy as a constitutional obligation with specific legal consequences. There are analyzed the consequences and guarantees of the supremacy of the constitution, the role of the Constitutional Court in fulfilling the main function of guarantor of the supremacy of the Constitution, as well as the competence of the courts, to guarantee through specific procedures this quality of the fundamental law. In this aspect, jurisprudential issues are presented and analyzed. The relationship between the supremacy of the constitution and the principle of the priority of the European Union law is another aspect of the research carried out in this study.

Keywords

• The notion of constitution and the supremacy of the constitution
• legality and legitimacy
• consequences and guarantees of constitutional supremacy
• relationship between stability and constitutional reform
• the correspondence between the law and the constitutional principles.