The reception of the doctrine of the rule of law in the Draft Constitution of Constantin Stere Cover Image
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Receptarea doctrinei statului de drept în anteproiectul de Constituție al lui Constantin Stere
The reception of the doctrine of the rule of law in the Draft Constitution of Constantin Stere

Author(s): Marius Bălan
Subject(s): Constitutional Law, Political history, Interwar Period (1920 - 1939)
Published by: Uniunea Juriștilor din România
Keywords: 1923 Constitution of Romania; Constitution drafts; Constantin Stere; Rechtstaat; rule of law;

Summary/Abstract: The main thesis of this paper is that the Draft Constitution redacted in 1922 by Constantin Stere on behalf of the Peasant Party’s Study Centre (Centru de studii al Partidului Țărănesc) comes closest to the requirements of a rule-of-law-system, and surpasses all similar endeavours carried out at the time. Stere’s proposed regulatory solutions on the relationship between municipal law and international legal commitments, especially in the field of minority protection, on basic rights and freedoms – with emphasis on personal freedom and habeas corpus – on election process and parliamentary practice were of such nature as to give efficiency and real substance to the general provisions of the Constitution. These regulatory solutions were able to put Romania on the path of a political and institutional evolution in complete accordance with the principles of the rule of law.

  • Issue Year: 2023
  • Issue No: 03
  • Page Range: 27-43
  • Page Count: 17
  • Language: Romanian