FENOMENUL CONSTITUȚIONALIZĂRII ÎN DREPTUL PENAL

Abstract

The chosen topic sets forward the interest of an interdisciplinary approach, but also an innovating vision on the intersection of two law branches. We propose the analysis of criminal law constitutionalization due to the general trend in which criminal law is equally subscribed, namely that of conventionalization and constitutionalization of law. Moreover, the study of the two law branches is relevant given the highly intimate connections between them, through rendering more effective the protection of fundamental rights and liberties. The problem or hypothesis raised is” What is the starting point and how does theprocess of constitutionalization of the criminal law acts/functions?”, implicitly admitting the existence of such a phenomenon, highlighting the relations between criminal law and the Constitution, respectively of the means of constitutionalization and the effects of this phenomenon.