Good Faith in Romanian Constitutional Law
摘要
With strong roots in Roman private law and a genealogy that transcends all branches of Romanian positive law, good-faith is today an undeniable normative reality, whose conceptualization is far from being completed and requires an interdisciplinary approach from an epistemological point of view. The corollary of the penetration of good faith into Romanian public law is its enshrinement as a constitutional norm as an obligation incumbent on Romanian citizens, foreign citizens and stateless persons in the exercise of their constitutional rights and freedoms, on the one hand, and on the other hand, on the Romanian State in its activity of fulfilling the obligations it undertakes in the treaties to which it is a party. Contrary to the ubiquity of the principle of good faith in private law, where this obligation is incumbent on all participants in legal relations, it is noted that this condition of participation in constitutional legal relations is not imposed by the fundamental law on the powers of the state or public authorities. In this context, the present study aims to analyze whether the state powers are subject to the obligation of good faith in the activity of realizing their constitutional prerogatives and attributions in accordance with their constitutional mission. For this purpose the study will use the method of semantic analysis of good-faith in relation to constitutional loyalty in the activity and relations between the state powers. At the same time, the study will seek to identify the forms of manifestation of good-faith in the specific activities of the legislative, executive and judicial powers, according to the method of content analysis. In our opinion, if, in private law legal relations, good faith presupposes the concomitant presence of its structural elements, namely probity, prudence, order and temperance, our study will examine whether they are identical in constitutional law or whether undergo certain transformations through the action of subjects of law distinct from those of private law and in accordance with their specific competences or rights as outlined by the Romanian Constitution.