EIRP Proceedings, Vol 4 (2009)

Abstract

The existence of the law state implies the respect of the law and of the Constitution supremacy. In order to assure the Constitution supremacy, it is not enough only to proclaim this, at a declarative level, as a principle of the constitutional order, but, more then that, it is necessary to constitute a guarantees system, which has to allow the fundamental law to manifest itself as a law with superior juridical force. One of this guarantees is represented by the foundation of the Romanian Constitutional Court, after the 1991 Constitution was adopted.Going further with the guarantees system, the Romanian 1991 Constitution gave the Romanian Constitutional Court the mission to exercise the constitutionality control of the laws, Parliaments regulations and ordinances adopted by the Government based on the legislative delegation.