Constitutionalisation of Law – Public Office

Authors

  • Gabriela Nemțoi Associate Professor PhD, "Ştefan cel Mare" University of Suceava, Faculty of Law and Administrative Sciences, Suceava, Romania

DOI:

https://doi.org/10.18662/lumenlaw/11.1/85

Keywords:

constitutionalisation, constitution, public office, office of high dignitary

Abstract

Constitutionalisation expanded and intensified, especially after the expansion of the European Union, consecrating itself on the foundation of state sovereignty. The idea must be perceived as integrating fundamental rights and freedoms and the guarantee or security each state can provide its citizens. Although an old phenomenon, the constitutionalisation of law imposed itself on the political market after the 20th century through the awareness that a clear and solid constitution could establish a democratic framework for developing the rule of law. Constitutionalisation occurs in all legal systems based on a fundamental law that enjoys supremacy. However, constitutionalisation takes on its features from state to state, considering each one’s particularities.  In a narrow sense, the constitutionalisation of law is the action by which a legal norm is given constitutional status, or a legal institution is consecrated by a constitutional norm.(G. Cornu, 2003). This research is a concise summary of the phenomenon of constitutionalisation and its effect on the civil service.  As can be seen, the civil service is consistently a product of the constitution, being regulated by various fundamental texts.

References

Cornu, G. (2003). Vocabulaire juridique, PUF

Muraru, I., Tanasescu, E.S. (2008). Constitutional law and political institutions, edition 13th, volume I, C.H. Beck

Stirn, B.(2011). Les sources constitutionnelles du droit administratif. Introduction au droit public, 7e édition, L.G.D.J.,

Varga, A. (2003). Constitutionalisation of law. Transylvanian Journal of Administrative Sciences, IX

The Constitution of Romania (n.d). https://www.presidency.ro/en/the-constitution-of-romania

The Viafu case against Romania (December 9, 2008). Official Gazette, no. 361 of May 29, 2009

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Published

2023-12-10

How to Cite

Nemțoi, G. . (2023). Constitutionalisation of Law – Public Office. Logos Universality Mentality Education Novelty: Law, 11(1), 81-87. https://doi.org/10.18662/lumenlaw/11.1/85