Articole din categoria: Anul 2021

Parlamentul, unica autoritate legiuitoare a ţării – adevăr sau mit?
The final part of art. 61 para. (1) of the Romanian Constitution consecrates the role of the Parliament as sole legislative authority of the state. The legal doctrine considers the legislative delegation granted to the Government and to the President a genuine exception to the aforementioned rule, but are there any cases in which the feature of the Parliament of unique legislative authority of the state may be doubted? This article aims to ide...
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De legibus, consuetudinibus et cætera într-un concert normativ și comparativ
Numărul 1 Anul 2021
The article deals with the phenomenon of legislative inflation, which, paradoxically, has the effect of impoverishing the law. The author notes the tendency of the laws to become self-sufficient, the excessive regulatory process reducing the possibility for the lawyer to resort to the force of legal logic, especially in the context of the frequent changes in legislation and the repeated use of repeal. ...
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Despre legislaţia românească, cu simpatie
Numărul 1 Anul 2021
The article emphasizes the characteristics of the post-89 legislative process, and especially the role of the Constitution in the national law system: is the Constitution part of the legislative system? Can judges apply the Constitution in the litigations they decide on? Can the Constitution be the only legal basis for a judgment? The author proposes a change of perspective: instead of defining legislation as the positive law of a coun...
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