Christian Values and the Protection of the Family in the Romanian Constitution and the Case Law of the Romanian Constitutional Court

Varga, Attila (2022) Christian Values and the Protection of the Family in the Romanian Constitution and the Case Law of the Romanian Constitutional Court. CENTRAL EUROPEAN JOURNAL OF COMPARATIVE LAW, 3 (1). pp. 221-240. ISSN 2732-0707

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Abstract

The article starts from the hypothesis, which it seeks to prove, that legal systems, laws and especially constitutions are not value-neutral but rather defined by values. These values may be moral, political or religious. In Europe and the Western civilisation, a significant part of these values has been shaped by the Christian religion, culture, outlook on life and behaviour. As a narrower context, the article focuses on the moral and political values of the Romanian constitution, their Christian spirit and origin, and the related theoretical and constitutional interpretations. In the analysis, the author concentrates on human dignity, the free development of the human personality, and justice as the main values, as well as the fundamental rights related to them and the principles that define the organisation of the state. The influence of Christian values, thinking and perceptions can be seen in all of these. The author analyses in particular the Christian constitutional and civil law rules governing the family and the marriage on which it is based.

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