Changes in the Constitutional Case-Law
International Conference Educatie & Creativitate, Titu Maiorescu University, Bucharest, 2014
8 Pages Posted: 29 Aug 2015 Last revised: 1 Sep 2015
Date Written: March 1, 2014
The changes in the case-law reflect a necessary evolution of judicial practice which takes into account the general evolution of the law, in close connection with social realities. The respect for the principle of legal certainty requires, however, that the changes be exceptional and necessary in relation to the same legal norm. This is all the more the case of constitutional courts’ case-law, in light of their role and of the effects of the decisions they pronounce over the entire legal system. Starting from these premises, the study presents a series of changes in the case-law of the Constitutional Court of Romania and the reasons that led to the same, in achieving a balance between the need for a dynamic and evolutive approach in the review of constitutionality of legal norms and the requirements of legal certainty.
Keywords: changes in case-law, legal certainty, constitutional review, the Constitutional Court of Romania
JEL Classification: K14
Suggested Citation: Suggested Citation