2016
Elena Simina TĂNĂSESCU, Professor, Ph.D., Faculty of Law, University of Bucharest, Legal Culture and Cultural Transfer in Romanian Constitutional Law
Abstract: The reviewof the constitutionality of laws was introduced into the Romanian legal system in 1911 from North American law through French legal doctrine. The adoption of the 1991 Constitution established a new legal framework for the review of the constitutionality of laws, this time inspired by models found primarily in Europe. However, Romanian legal terminology has proven so resistant to change that it has managed to imbue the new form of constitutional review with the old patterns imported in 1911.
Keywords:legal culture, cultural transfer, legal transplantation, constitutional review, European model, American model, preliminary ruling; exception of unconstitutionality