Open AccessUnconstitutional legislative solution in the field of education
Author(s) -
Tudorel Toader,
Marieta Safta
Publication year - 2017
Publication title -
revista de drept constituţional
Language(s) - English
Resource type - Journals
eISSN - 2810-1979
pISSN - 2457-8754
DOI - 10.47743/rdc-2017-1-0004
Subject(s) - legislator , legislature , law , jurisdiction , political science , norm (philosophy) , jurisprudence , constitutional court , constitution , legislation
The study continues the presentation of the evolution of the jurisprudence of the constitutional litigation court, from the finding of the unconstitutionality of the legal norm, to the finding of the unconstitutionality of the legal solution promoted by that norm, with punctual reference to the field of education. By pointing out both the sanctioning effect on the norm that was the subject of the exception of unconstitutionality and the preventive effect of constitutional control, in order to stop the legislator from resuming a declared unconstitutional legislative solution, unless there is a change of context socio-economic, the jurisdiction of the Constitutional Court appears as an important legal security factor.