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Constitutional jurisdiction as a supreme form of control where as in state constitutional law


Author: Baţalai Igor
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Year:2011
Scientific adviser: Gheorghe Costachi
doctor habilitat, professor, Institute of Legal and Political Research, Academy of Sciences of Moldova
Institution: Institute of History, Academy of Sciences of Moldova

Status

The thesis was presented on the 30 March, 2011
Approved by NCAA on the 12 May, 2011

Abstract

Adobe PDF document0.31 Mb / in romanian
Adobe PDF document0.33 Mb / in russian

Keywords

constitutional jurisdiction, constitutional control, justice, constitutional supremacy of the constitution, jurisdiction and powers of constitutional control, constitutional complaint, ensuring human rights and fundamental freedoms

Summary

Constitutional jurisdiction as a supreme form of control where as in state constitutional law, doctor in Law dissertation, Chisinau, 2011 Thesis structure: an introduction, four chapters, conclusions and recommendations, bibliography of 327 appointments, 196 pages of scientific text. Scientific results are published in 11 scientific articles and international conference materials.

The thesis study field and it main objectives. The dissertation is devoted to formation and development of constitutional jurisdiction in the Republic of Moldova, a place of the Constitutional Court in the mechanism of law designed to ensure the rule of law and preserve the principle of separation of powers, to protect human rights and freedoms. The origin of the constitutional jurisdiction due to the principle of separation of powers, the exclusive competence of which is to exercise control over the activities of public authorities, and therefore the constitutional review should be attributed to the independent mind state control authorities.

The novelty of the work and it scientific originality. The novelty of this work consists in the formulation and the study of actual problems of optimization of the constitutional jurisdiction and constitutional control in the state of law. On the basis of historical, legal, system-structural and comparative legal analysis of the norms of the Constitution of the Republic of Moldova and the constitutions of a number of foreign countries shows the emergence of constitutional review in the Republic of Moldova, evolving in line with global trend, but having a national identity.

The theoretical significance and the work’s applicability value is to develop a number of concrete proposals for improving the legal and institutional framework of constitutional jurisdiction, involving improvement of constitutional law and the law on the Constitutional Court.

Implementation of the scientific results consists in: conclusions and recommendations for improving and optimizing the organization of state power can be widely used as the theorists who pursue studies in this field, and actors having the right and opportunity to influence the organization and implementation of the constitutional jurisdiction and constitutional control.