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The Dialogue of Constitutional Judges

Tudorel Toader and Marieta Safta

This book, both internally and internationally, determines the constitutionalization and uniformity of law, respectively the overall strengthening of the protection of values of the rule of law. The authors present the mechanisms of institutional cooperation between the Constitutional Court and the Court of Justice of the European Union, the European Court of Human Rights, the other constitutional courts, the Venice Commission, the Parliament, the President of Romania, the Government, the Advocate of the People, the courts of law and the media.
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The constitutional courts are the courts qualified to achieve the constitutional review, namely the activity to verify the compliance of laws and other normative acts with the provisions of the Basic Law. This type of control on the juridical rules is a consequence of the fact that the legal system is not presented as a not differentiated set of rules, all placed at the same level, but as a hierarchy made up on the criterion of the juridical value of the sources of law, having on top the supremacy of the constitution1. Therefore, the pyramidal structure of the legal system is given by the relationship between the law and the normative acts subordinated to the law and also by the upstream position of the constitution whose supremacy, under the institutional aspect, is ensured through the role of the constitutional courts.

The studies in this matter2 show in this regard that the 20th century in general, but especially its second half, is marked by an emergence phenomenon where “the new constitutionalism”3 shall be the epicentre, namely a model of democracy, of state organisation which refuses the dogmatism of the legislative sovereignty, gives priority to the fundamental rights and freedoms and imposes the constitutional review achieved through specialised courts. The new constitutionalism has extended itself in “waves” that corresponded to the transformations which took place in the political plan at the level of the states. At present, the formula containing a written constitution, a charter of the...

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