Law Review International Journal of Law and Jurisprudence Open Source Online Publication Edited by the Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
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Responsibilities of the constitutional court in relation to the semi-direct governance forms

Nasty Vladoiu

Abstract

 

The only authority of constitutional jurisdiction in Romania, independent of any other public authority, the Constitutional Court was designed with the aim of guaranteeing the supremacy of the Constitution. By analyzing art. 146 from the Romanian Constitution and also Chapter III of Law no.47/1992 regarding the organization and functioning of the Constitutional Court, which establishes the responsibilities of the Constitutional Court, it can be noticed that this public institution, independent, fulfills a complex role, exercising its role also in order to semi-direct forms of governance: the referendum, legislative initiative and, if national law allows (which is not the case of Romania), the popular vote. Exercising its powers in this respect, we can see the Court's essential role in ensuring the sovereign people the opportunity to intervene and mitigate the representative democracy asperities of parliament type, but will need to keep people close to the legislator.

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