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SM ISO690:2012 STOIAN-MUSTEATA, Maria. Historical and Theoretical Aspects of Constitutional Justice. In: 3rd Central and Eastern European LUMEN, 8-10 iunie 2017, Chişinău. Chișinău, Republica Moldova: Editura LUMEN, 2017, pp. 244-246. ISBN 978-973-166-461-3. |
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3rd Central and Eastern European LUMEN 2017 | ||||||
Conferința "3rd Central and Eastern European LUMEN" Chişinău, Moldova, 8-10 iunie 2017 | ||||||
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Pag. 244-246 | ||||||
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Rezumat | ||||||
It`s hard to say when the phrase ―constitutional justice‖ appeared - it‘s susceptible of some meanings, some of them are common, the others being specified, that‘s why it needs a technical language, a professional one. Such explanation for example be related to concerning that the constitutional justice is that form of justice which is achieved being based on constitution and within it. It‘s difficult to delimitate the meaning of ―constitutional justice‖ from the other forms of justice which may also bee achieved primarily, or may be secondly within constitution. The phrase ―constitutional justice‖ it requires a proper and distinctive meaning. As a sign of speciality meaning it designated ―ensemble of institutions and technics‖ by means of constitution supremacy. This being defined as ―constitutional justice‖ some of its components are cumulated namely complimentary ones: a) it means that the constitutional justice and namely justice generally is achieved by an endowed body using the expression of some classical legal professional upon a ―partially justice‖ (the European model), in such way the institutional aspect is evocated; b) the constitutional law may be achieved by certain means and in certain ways, which although they represent some common features with the means and forms of other kinds of law, they borrow from those ones their proper techniques and the same time, they have exclusively and their own aspect. Thus is evocates their procedural aspect; c) the aim of constitutional justice is that one which generally determines the mode of organisation of the instance, involving it in achieving of these law and its made of activity. And finally it is important to mention that insuring the primacy of the constitution, its sanction is a structural factor in the normality of this juridical and national system it means sanctifying and directing it to the top of the internal-juridical pyramid. |
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Cuvinte-cheie constitutional justice, civil society, democracy, democratic state, common-law, justiție constituțională, societate civilă, democraţie, stat democratic, drept comun |
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