Statul de drept: între legisprudență și jurisprudență [Articol]

Abstract

The term „legisprudenţă” came recently in legal vocabulary, and refers to the legislative work. Social reality is pressuring the legislature to arrive at appropriate ways of regulating social relations. Jurisprudence its results contribute to the formation and consolidation of a legal system that meet society’s expectations and participate in training, a state of law. To that end between the compilers and applying the right must be a permanent connection (directly and/or through science), which in this article is illustrated by the examples of constitutional and european jurisprudence.Legisprudenta is rational theory of legislation, which is to develop the idea of freedom as a principle. giving the legislator the possibility to exceed the jurisprudence, to create something new. However, a rule is coming as an innovation, but this is not always properly understood and applied, leaving room for interpretation, which complicates the legal qualification. Thus, the outcome of the application and its legal qualification. preceded by actions of the interprets the rule, and the assessment capacity and anticipate of the possible evolutions of social relations as reflected in normative-legal text, approved by the legislature.