StatusThe thesis was presented on the 23 June, 2005
Approved by NCAA on the 27 October, 2005
Abstract– 0.21 Mb / in romanian
The doctoral dissertation entitled The Constitutional Aspects of Achieving Judicial Order within the State of Law consists of four chapters: a synthetical rendering of our findings, conclusions and scientific recommendations, summaries in English and Russian, key words in English, Romanian, and Russian, and an abbreviations list.
The introduction of the dissertation covers: the topicality of the theme and the range of studies on it so far, the goals and objectives of the dissertation, its scientific novelty and the results attained, the theoretical relevance and practical value of the thesis, as well as the approval of the results thereof.
Chapter 1 ("Introductive notions to the judicial order within the state of law") consists of four paragraphs:
Paragraph no. 1 titled “Concept of judicial order “ is an analysis of the judicial order and its role within social order
Paragraph no. 2 ("Judicial order and constitutional order in the state of law") discusses constitutional order as the rightful source of judicial order, the modalities of attaining constitutional order, and some malfunctions in the activity of authorities entrusted with the protection of constitutional and judicial order within the state of law.
Paragraph no. 3 titled “The national judicial order from the perspective of European integration within the context of globalisation” explores the relation between the national judicial order and international judicial order , between the national judicial order of the European Union states and community judicial order , and also judicial protection of the states in context of EU extension and globalisation.
Paragraph no. 4 titled Constitutional mechanisms of attaining judicial order within the state of law” is an analysis of the legislative and executive mechanisms , of the mechanisms of law interpretation and application by the state institutions in charge.
Chapter no. 2 - Constitutional supremacy – fundamental guarantees of the judicial order within state of law includes three paragraphs:
Paragraph no. 1 titled “Concept of supremacy of the constitution” examines different views and opinions related to constitutional supremacy.
Paragraph no. 2 titled “Constitutional supremacy – fundamental guarantees of the judicial order within state of law” researches the way in which constitutional supremacy is achieved and maintained within the state of law.
Paragraph no. 3 titled “The control of the constitutionality of deeds, activities and legal procedures – instrument of attaining judicial order within state of law” examines theoretical and practical aspects of the constitutional mechanism of control, political parties and their conformity to constitutional requirements and also the control of the legislation initiation by citizens. The third chapter of the dissertation, entitled "The analysis of the constitutional role of justice in defending human rights and liberties and the judicial order within the state of law" consists of three paragraphs:
Paragraph no. 1 titled “Justice- guarantee for achieving judicial order within state of law- theory and reality” represents an analysis of some theoretical and practical aspects of the way justice is attained, and also some of the constitutional limits of the justice independence and constitutionality of some laws and normative acts which regulate judicial activity.
Paragraph no. 2, entitled "Justice - the warrantee of legacy and the citizens’ licit conduct from the perspective of the juridical order achievement in the lawful state", approaches some aspects regarding the relationship between justice, legality and the citizens’ licit conduct.
Paragraph no. 3 is titled „The Constitutional fundament of the judicial responsibility in obtaining judicial order within the state of law”. The basis of the judicial responsibility is represented by the constitution, law and other normative acts. The state, which has malfunctions between its institutions with ineffective responsibilities, is condemned to anarchy, judicial chaos, and ultimately, to its potential disappearance as a judicial entity.
Chapter no. 4 titled “Parliamentary control of the executive activity- instrument of attaining judicial order within state of law” contains three paragraphs:
Paragraph no. 1 titled “Notion, sphere and scientific fundaments of the parliamentary control” is allocated to the analysis of the concept of parliamentary control, its manifestations within different political regimes and constitutional systems and also some aspects regarding scientific fundamentals of the control.
Paragraph no. 2 titled “Parliamentary control of the state chief- instrument of attaining judicial order within state of law” analysis different aspects of this form of control within different political regimes.
Paragraph no. 3 titled “The practice of the parliamentary control over the Government, the public administration and other state’s institutions – guarantee of the juridical order and stability of
the law state.“ researches constitutional modalities and forms of attaining parliamentary control of the main state institutions for preventing breaking the law as regulated by the state laws.
Under consideration  :