Revizuirea constituției: între exigențele dreptului și dezideratele politicului
Cuvinte cheie:
Constitution; formal meaning; material meaning; stability of the constitution; rigidity of the constitution; limits of constitutional revision; formal and informal revision; eternity clauses; constitutional identity; procedure of constitutional revision; functions of the constitution; evaluation of the constitution.Rezumat
In a broad sense, the constitution brings together norms that regulate the political manifestations of state-power and gives legal expression to the essential values that define a human collectivity; This last characteristic explains why constitutions tend to enjoy greater stability than other regulations. Social experience shows that the legal requirements applicable to the process of revising the Romanian Constitution make a formal revision difficult and leave room for informal revisions. The rigidity of a Constitution cannot fully explain the success or failure of a revision, but it can play a significant role in protecting the stability of certain values, in particular those encapsulated in legal rules declared intangible and thus protected from the vagaries of an intemperate political life. Equally, the stability of the Constitution is and must be compatible with the adequacy and synchrony between social life and the Basic Law.
