The Birth, Evolution and Prospects of Affirmation of Romanian Constitutionalism. European Affiliation and Strong National Vocation Cover Image

Nașterea, evoluția și perspectivele de afirmare ale constituționalismului românesc. Apartenență europeană și puternică vocație națională
The Birth, Evolution and Prospects of Affirmation of Romanian Constitutionalism. European Affiliation and Strong National Vocation

Author(s): Mircea Dutu
Subject(s): History of Law, Constitutional Law, Human Rights and Humanitarian Law
Published by: Editura Academiei Române
Keywords: Constitutionalism; constitutional identity; unitary national state; economic constitutionalism; integrated state; Romanian constitutionalism; Constitution of 1923; constitutionality control;

Summary/Abstract: "Invention" of the West, an important political-legal doctrine, a dominant institutional-political organization and practice, constitutionalism has become synonymous with the system of representative democracy, of the guarantee of fundamental human rights and the promotion of the values of the rule of law. Even if it appeared par excellence as a political model of affirming liberalism and its manifestations, constitutionalism also developed a particular economic dimension, as it did within the E.U. The affirmation of constitutionalism in Romania is linked to three essential moments of modernity: the creation of the foundations of the unitary state (1859-1866) and the first constitution from 1866, the completion of national unity and the consolidation of the unitary national state (1923-1938), through the fundamental law of March 29, 1923, and the return to democracy and constitutionalism through the Constitution of December 8, 1991. The hiatus from 1938-1989, represented by totalitarian constitutions and a simulation of constitutionalism, constituted a period of rupture and particular political-institutional experiences. Romanian constitutionalism is characterized by the affirmation of the principles of the unitary national state, the national constitutional identity, the constitutionality control of laws as a guarantee of the supremacy of the constitution, as well as by its function of promoting a country project and an element of European belonging.

  • Issue Year: 2022
  • Issue No: 3
  • Page Range: 323-348
  • Page Count: 26
  • Language: Romanian