THOUGHTS ON DEMOCRACY AND THE FORM OF GOVERNMENT Cover Image

GÂNDURI DESPRE DEMOCRAŢIE ŞI FORMA DE GUVERNĂMÂNT
THOUGHTS ON DEMOCRACY AND THE FORM OF GOVERNMENT

Author(s): Ioan Leş
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Government/Political systems
Published by: Universul Juridic
Keywords: Constitution; democracy; form of government; jurisprudence; monarchy; parliament; president; republic; revision;

Summary/Abstract: The author of this paper takes a brief look at the evolution of forms of government in a number of major countries, revealing that monarchies now exist in over 40 countries around the world. Starting from such a perspective, Romania's constitutional regime is examined below from the perspective of the 1991 Constitutional solution. In the current political context, the idea of a new constitutional reform is increasingly being put forward, the first of which was carried out in 2003, but in the author's opinion it did not represent significant progress. And one of the constitutional institutions that could be targeted for constitutional reform is the form of government. The author believes that the semi-presidential republic established by the 1991 Constitution was the most appropriate solution after almost half a century of dictatorship. He believes that the facts of the matter have not fundamentally changed and that the semi-presidential system should be retained, as it is a solution designed to avoid the authoritarian excesses that have been fully manifested over the last two decades, but also the drawbacks of a president with extremely limited powers. Such an approach does not exclude some constitutional improvements, such as those concerning the relationship between the executive and the legislature, between the presidential institution, on the one hand, and the national executive and the legislature, on the other. Finally, the author believes that the real problem is that of a real and effective balance between the powers of the state and the strictest respect for constitutional values and the laws of the country. Any slippage in this regard should be sanctioned with the utmost promptness and exigency.

  • Issue Year: 2021
  • Issue No: 12
  • Page Range: 7-21
  • Page Count: 15
  • Language: Romanian