Indicators for Measuring Constitutional Efficiency. An Evaluation of the Romanian Constitution after 30 Years
Indicators for Measuring Constitutional Efficiency. An Evaluation of the Romanian Constitution after 30 Years

Summary/Abstract: Explainig the concept of the effectiveness of the constitution requires, first, as in a mathematical equation, the identification of the classic criteria of normative validity of a fundamental law, i.e. the supremacy of the law, the separation and balance of powers, the existence of the rule of law, the effectiveness of the guaramtees of respect for human rights, the application of specific sanctions in case of constitutional slippages. The introduction into this equation of some variables such as the optimal lifespan of a constitution, the stabilit of the fundamental law or the phenomenon of citizen participation is necessary to draw conclusions on some effects susch as its succes, legitimacy and ofelimity, as well as the happiness of its citizens. By applying this method of analysis to the Romanian Cosntitution of 1991, the study aims to verify whether it was able in its existence of three decades to ensure the achievement of its initial goals, as well as its normative and non-normative functions, which what should be reflected in its ability to regulate conflicts in the constitutional space, the force of imposing its specific norms and sanctions, to ensure the optimal and sustainable functioning of state institutuions and to create and obtain the faithful employment of its beneficiaries in respecting its supremacy, as an expression of their ideal of a politically constituted society.

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