Active role of the judge. Landmarks in the case law of the Constitutional Court

JURISPRUDENȚA CURȚII CONSTITUȚIONALE A ROMÂNIEI

Abstract

In the legal literature, the active role of the judge is analysed in relation to the fundamental principles underlying the organisation and functioning of the state, since the judicial process is not simply a mechanical activity of administering evidence and establishing the truth, the judge is not just a "computer" that analyses data and identifies solutions. The present study provides some quick case law of the Constitutional Court (CCR) to illustrate "facets" of the active role of the judge in general and the constitutional one in particular, while proposing a debate on the limits of the active role of the judge and the issue of judicial activism.

Keywords: active role of the judge, rule of law, legality, constitutionality control, judicial activism