2016

Elena Simina TĂNĂSESCU, Legal Culture and Cultural Transplant within Romanian Constitutional Law

Abstract: The control of the constitutionality of laws was transplanted in 1911 from the north-American legal system into the Romanian one via the French legal doctrine. The adoption of the 1991 Constitution introduced a new legal import with regard to the control of the constitutionality of laws, this time inspired by ideas identified in Europe. However, the Romanian legal terminology showed such a resistance to changes that it has successfully impregnate the new form of constitutional review with older models, imported in 1911.

Keywords: legal culture, cultural transfer, legal transplant, judicial review, European model, American model, preliminary question, exception of unconstitutionality.


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