A View on the Customs and the Constitutional Conventions as Subsidiary Sources of the Constitutional Law
Download full article pdf . Doi:10.5901/mjss.2012.v3n2.
Abstract The aim of this research article is “developing the topic” which is being analyzed. The treated issues in this research article, with constitutional – juridical thematic, lay and focus in analyzing the customs and the constitutional conventions as subsidiary sources of the constitutional law, as a branch of the law, it presents illustrative and concrete examples from the practice of the comparative constitutional law. This article shows special interests, mainly and firstly, in the development of theoretic and juridical – constitutional thought, and also treats professional and applicative issues. The juridical norms, if we use a figure of speech, are “the spinal cord” or “the essence” of the constitutional law as a branch of the law. As a matter of fact, the juridical norms constitute the content of the constitutional law. The juridical norms that regulate the social relations, which compose the object of the constitutional law are called constitutional – juridical norms, and this is how they diverge from the juridical norms that regulate other social relations, which on the other side, are included in other branches of the law (in the administrative law, in the criminal law, in the civil law etc) . The constitutional – juridical norms are juridical sui generis norms (norms of a special kind), that are “regulated or sanctioned by the state” for the juridical regulation of the social relations which are created during the activity of the highest and most important organs of a given state.
Key words: juridical sui generis norms, political relations, certain state organs