THE DILEMMA OF POSITIVE LEGISLATOR OR THE DIFFICULTIES OF THE CONSTITUTIONAL PROCEDURAL LAW

The Constitutional Court is definitely one of the most disputed public authorities in the Romanian constitutional system. The difficulties in approaching the constitutional procedural law come from the lack of juridical tradition in dealing with such a public institution and its decisions. In this essay we want to emphasize the errors encountered in jurisprudence due to the misunderstanding of the constitutional role of the above-mentioned authority.