Elemente ale teoriei realiste a dreptului şi interpretarea Constituţiei [Articol]

Abstract

The legislator in his activity must consider the Constitution. In this direction of activity, the interpretation of the Constitution by the Consti- tutional Court helps to discover the true meanings of the Constitution. In this sense it prevails the axiological model of the Constitution, which emphasizes a set of constitutional principles that underpin the entire activity of interpre- ting the Constitution. Although in principle we distance ourselves from the realist theory of law, some of its elements require attention, especially those related to the personality of the constitutional interpreters.