The Notion of Principles and Values in the Constitutional Court Jurisprudence

Abstract

The determination of the differences between principles and values is a necessary condition for the development of judicial review and subsequent strengthening of the social and constitutional law. This paper sets out what the Constitutional Court in the case law developed since 1991, understood by principles and values. The inexistence of a line of jurisprudence giving a clear and coherent explanation of its nature and functions will be demonstrated through the study of the concepts of constitutional principles, legal values and higher values. The research is documentary and analytical, and it bases its decisions on those adopted by such high corporation.