Rolul curții constituționale în garantarea echilibrului între puterile statului [Articol]

Abstract

This paper aims to analyze the role of Constitutional Courts in maintaining the balance of powers within a democratic state, ensuring the supremacy of the Constitution and protecting fundamental rights. The research is based on a normative and comparative method, combining constitutional analysis with doctrinal perspectives provided by scholars such as Colón-Ríos, Posner, and Midrigan. The Romanian Constitutional Court is examined as a case study, with reference to its competencies outlined in Article 146 of the Romanian Constitution. The paper explores three major functions of the Court: constitutional review, resolution of institutional conflicts, and the safeguarding of democracy. The study highlights that the Constitutional Court acts not only as a legal arbiter but also as a stabilizing force in modern democratic systems. One of the key findings is that loyal cooperation between powers, guided by constitutional values, is essential to avoiding institutional deadlock and ensuring an effective system of checks and balances.