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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