ABSTRACT
The chapter will examine, in the first part, the role of the Constitutional Court and of its jurisprudence in the Romanian constitutional system, with a particular emphasis on its ‘revolutionary’ nature and how it developed over the almost three decades of existence. In the second part, the chapter will focus on the most recent and controversial case law of the Court regarding the judiciary and will show that the ‘activism’ can be a dangerous feature when practised by a constitutional court with political attachments. The author refers mainly to the judicial control of power in the narrow meaning – control of political institutions – rather than in its wider meaning of ‘control of legislative power’ through constitutionality review of legislation.
