Tradiția constituțională vs provocările contemporane: echilibru și impact [Articol]

Abstract

The original locus of a community’s traditions and values resides in public consciousness. Democratic traditions constitute a complex of ideas, concepts, customs, attitudes, and behaviors concerning actions, events, and governing decisions from a people’s relatively distant past, which retain their full relevance and their capacity to shape and inspire corresponding political actions in the present. Democratic traditions are grounded in models of governance and procedures for the exercise of power that, at a given moment, expressed the political will of the community of citizens. In the preparation of this study, we employed specialized academic literature, the foundational treaties of the European Union, decisions of the Court of Justice of the European Union, and judgments of the European Court of Human Rights, particularly those addressing fundamental rights. The research is based on scientific methods such as the systemic method, the comparative method, the analytical method, the deductive and inductive procedures of the logical method, as well as other methods that have added substantial value to the analysis undertaken. Constitutional traditions establish a vital connection between the domestic legal order and the European legal order, as well as between national diversity and European legal unity, thereby strengthening coherence and ensuring the observance of fundamental values such as democracy, the rule of law, and fundamental rights.