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Author: search.filters.author.Guceac, IonSubject: search.filters.subject.constitutionalism

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    Enunţarea juridică a preceptului solidarităţii sociale ca principiu fundamental al constituţionalismului
    (CEP USM, 2024-11-07) Guceac, Ion
    In this article the doctrine of social solidarity is associated with the evolution of all the fundamental principles of constitutionalism. it is found that despite the consecration of this principle in some constitutions, this trend being motivated by a set of reasoning, its unmediated reflection has not yet acquired a widespread. Some constitutions proclaim solidarity as a universal general principle, goal or objective of society, the state and the constitution itself. Sometimes the principle of solidarity is formulated as one of the ideological foundations of the legal status of man and of the citizen. The principle of social solidarity is also mentioned in the constitutional regulation of social relations and institutions. Some constitutions declare solidarity as one of the aims of the educational system. Constitutions shall also grant, a remarkable importance of solidarity in the framework of the regulation of conditions for ensuring cultural identity Solidarity is also proclaimed in several constitutions as a principle of the foreign policy of the respective states, or as a principle of territorial administrative organization. Regarding the Constitution of the Republic of Moldova, it is assessed that it does not operate with the notion of social solidarity and does not contain provisions to ensure such an important objective of society. in this situation, it is recommended to supplement the Constitution with rules on social solidarity and ways to ensure it. Finally, it is found that the primary task of the science of constitutional law is to design such a model of constitutionalism that has as major premise the dynamic development of a state capable of promoting peace and social cohesion as necessary conditions for the upward development of society.
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    CONSTITUȚIUONALIZAREA DREPTULUI NAȚIONAL. PROVOCĂRI ACTUALE ȘI PERSPECTIVE DE EVOLUȚIE
    (CEP USM, 2023) Guceac, Ion
    Being concerned with the particularities of the process of constitutionalisation of law, this study, for the most part, starts from the postulates of dynamic legal theory. Among other arguments, it is pointed out that the process of the concept of ‚constitutionalisation’ is taking place in an atmosphere of competition with other concepts, which also attempt to reflect social dynamics in all its manifestations. In this context, it is considered incorrect for legal science to be on the periphery of efforts to generate processes for modernizing the law. Constitutionalisation is seen as the totality of efforts to improve the institutional and normative image of the state and the content of the law. The following are recognized as objects of constitutionalisation of a society’s legal system: legal awareness, the legal system, and legal practice. It is recommended that the process of constitutionalisation should evolve in its ontological format, based on normative provisions of a fundamental nature. In the process of constitutionalisation of law it is necessary to pay attention to human rights and freedoms, but also to constitutional duties. Another crucial task of constitutionalisation is to promote the formation of a high legal culture in all possible ways.
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    SOLIDARITATEA SOCIALĂ – TENDINȚĂ CONSTANTĂ A CONSTITUȚIONALISMULUI
    (Artpoligraf, 2021) Guceac, Ion
    The purpose of this study is determined by the idea of social cooperation and solidarity in the conditions of contemporary constitutionalism, where the state must evolve as an instrument of consent and social compromise, ensuring the formation of a balance of diversity of private and collective interests in society. Starting from the fact that any constitution must ensure the balance between the values of freedom and the mutual responsibility of the citizen and the state, it is recommended to include in the normative content of the Constitution of the Republic of Moldova provisions on social solidarity and ways to ensure it.