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Andra IFTIMIEI: The position of constitutional courts on family and marriage in the context of the proposition`s revision ...

Abstract: On May 23, 2016 was registered at the Senate a legislative proposal to revise the Constitution of Romania, submitted on June 7, 2016 by the Constitutional Court of Romania, a proposal to amend art. 48, as the initiator form being "family is created through free marriage between a man and a woman, their equality and the right and duty of parents to ensure the upbringing, education and instruction of children". Analysis of the constitutional provisions of the fundamental laws of other countries (such as Spain, Poland or Portugal) helps create a complete picture of how constituent power was intended to regulate the constitutional principle of family and therefore marriage. A detailed analysis of the case law of constitutional courts will lead to finding a legislative solution that is consistent with the idea of uniformity, particularly with Romanian constitutional guarantees. The analysis will be held on the jurisprudence of Spain`s Constitutional Court or on the French Constitutional Council.

Key-words: Constitutional revision, constitutional jurisprudence, marriage, family, constitutional principle


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