Supremacy of the constitution

• Author: Luminita Dragne
• Position: University, Bucharest - Romania
• Pages: 38-41

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2013), pp. 38-41

38

SUPREMACY OF THE CONSTITUTION

L. Dragne

Luminia Dragne

Faculty of Legal and Administrative Science, Department of Public Law

“Dimitrie Cantemir” Christian University, Bucharest, Romania

Correspondence: Luminia Dragne, “Dimitrie Cantemir” Christian University, 176 Splaiul

Unirii Street, 4th sector, Bucharest, Romania

E-mail: luminita_ucdc@yahoo.com

Abstract

The Constitution is the fundamental law of a Member State governing the organization

and functioning of the relations between public authorities and citizens rights and

fundamental freedoms, and ways to guarantee them.

The Constitution is the supreme law in the state, it is at the top of the pyramid and it is

the source of all legal documents and legal regulations.

Supremacy of the Constitution is ensured through an effective mechanism resulted in a

legal institution called constitutionality of laws controls, including all procedures through

which achieve verification of low compliance with constitutional provisions.

Keywords: Constitution, the supreme law of the state.

Introduction

The Constitution genesis required a lengthy time

1

. “Constitutio” word in Roman law,

designate laws emanated from the emperor. Imperial constitution, as Gaius said

2

, is what the

king decreed, dictates or what sets by letter

3

.

The first constitution appeared in England in 1215 with the adoption of the Magna

Charta Libertatum but her training process continued after the genesis of the written

constitution

4

.

In the feudal period, the term constitution designate those rules on the organization

and functioning of the state, guaranteed certain rights and freedoms, which resulted in a

limitation of the powers of the monarch.

“Enlightenment” brings a new movement that is constitutionalism movement that aims

to replace traditions with a written constitution.

Constitutionalism, historically speaking, is offensive aimed at establishing the

separation of powers - the basic functions of the state. According to the precepts of

constitutionalism, the constitution had to be a written paper

5

.

The first written constitution of the United States Constitution was adopted in

Philadelphia in 1787, but preceded by the constitutions of American States issued under

1

In the constitutional doctrine there is no single point of view o n the genesis of the constitution. Some authors

argue that it first appeared in England by adopting Libertatum Magna Charta, being a custo mary constitution,

other authors show that the genesis of the constitution is when the first written constitution appeared.

2

Roman legal advisers – II-nd century.

3

Institutiones – «Constitutio principi est quod imperator decreto vel edicto vel epistula constituit».

4

They were subsequently adopted Petition of Rights (P etitions of Rights) in 1628, Habeas Corpus in 1679, the

Bill of Rights (Bill of Rights) in 1 689, the Act establishing the succession to the throne (Act of Settle ment) in

1701, the Reform Act 18 32 Parliament Act in 1911 and 1949, the Act of 1958. All t hese acts ar e considered

essential and are ongoing today.

5

I. Deleanu, Constitutional La w and Political Institutions – Treatise – vol.I, Europa Nova Publishing House,

Bucharest, 1996, p. 258.