Open AccessROLE OF THE INTERPRETATION RESERVE IN THE CONSTITUTIONALIZATION OF ROMANIAN AND FRENCH CRIMINAL LAW
Author(s) -
Andra Iftimiei
Publication year - 2014
Publication title -
agora international journal of juridical sciences
Language(s) - English
Resource type - Journals
eISSN - 2067-7677
pISSN - 1843-570X
DOI - 10.15837/aijjs.v8i4.1604
Subject(s) - constitutionality , law , romanian , interpretation (philosophy) , criminal law , political science , criminal procedure , proportionality (law) , constitution , law and economics , sociology , philosophy , linguistics
The interpretation reserve is the only instrument through which the criminal judge becomes an actor in the constitutionalization process of the criminal law, because although he does not rejoice from the competence of rendering decisions the on constitutionality or unconstitutionality of law, the interpretation under reserve directly refers to it, by the compulsoriness of observing the sense granted by the constitutional court.