Developments in the Constitutional Review: Constitutional Court between the Status of Negative Legislator and the Status of Positive Co-Legislator

Perspectives of Business Law Journal, Vol. I, Issue1

17 Pages Posted: 29 Jun 2013

See all articles by Marieta Safta

Marieta Safta

Constitutional Court of Romania; Titu Maiorescu University - Faculty of Law

Date Written: November 23, 2012

Abstract

The study wants to emphasize that Constitutional Courts belonging to the European model depart from their traditional role as “negative legislator” – which refers to the effect of their acts consisting in removal from the legal system of those rules contrary to the Basic Law – becoming, to a certain extent, a “positive legislator”, official interpreter of the Constitution, revealing the content of constitutional and even infraconstitutional rules in their case-law, whose effects are nothing but specific forms of “impulse” or “coercion” of the legislator to proceed in a certain sense, and whose continuous development guides the evolution of the entire legal system. Case-law selected presents ways in which the Constitutional Court of Romania is associated to law-making activity. Without minimizing in any way its traditional role as “negative legislator”, the study refers mainly to acts and situations that give expression to the creative role of the Constitutional Court of Romania.

Keywords: Constitutional Court, co-legislator, law-making activity, constitutional review

JEL Classification: K40

Suggested Citation

Safta, Marieta, Developments in the Constitutional Review: Constitutional Court between the Status of Negative Legislator and the Status of Positive Co-Legislator (November 23, 2012). Perspectives of Business Law Journal, Vol. I, Issue1 , Available at SSRN: https://ssrn.com/abstract=2286231

Marieta Safta (Contact Author)

Constitutional Court of Romania ( email )

Palatul Parlamentului, Intrarea B1, Calea 13
Septembrie nr. 2
Bucharest, sector 5
Romania

Titu Maiorescu University - Faculty of Law ( email )

Strada Dâmbovnicului 22
Bucharest, 040441
Romania

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