Two old atypical constitutional reform drafts published in the context of the parliamentary debates in the Constituent Assembly elected in 1922 Cover Image
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Două vechi proiecte atipice de reformă constituțională publicate în contextul dezbaterilor parlamentare din Constituanta aleasă în anul 1922
Two old atypical constitutional reform drafts published in the context of the parliamentary debates in the Constituent Assembly elected in 1922

Author(s): Cristian Ionescu
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Uniunea Juriștilor din România
Keywords: constitutional revision; Constituent Assembly; draft constitution; fundamental pact; constitutional rights and freedoms; rigid constitution – flexible constitution; constitutional principles;

Summary/Abstract: In this study, the author analyzes the content of two old constitutional reform drafts elaborated in the context of public debates on the topic of elaborating a new Basic Law after the completion of the state unity of the Romanian Kingdom. The first of the drafts was elaborated – as a theoretical work – in 1919 by professor Iuliu Pascu from the University of Cernăuți, and the second, by the politician Constantin Argetoianu. The first draft has remained practically unknown to the constitutional doctrine. The second one was written by its author in the form of a report and presented on 20 December 1922 during the People’s Party congress, held in Sibiu between 20–21 December 1922. Subsequently, Constantin Argetoianu published it in a booklet in 1922, practically not included either in the memory of the specialized doctrine. The report presented by Constantin Argetoianu at the congress in Sibiu is, however, included in the memoirs of the venerable politician and can be consulted in his memoir paper published after 1990 in several editions.The two drafts are atypical, in the sense that they were not edited in an ordinary legislative form, but as doctrinal papers, in which the authors presented and supported with arguments their opinions regarding some principles and provisions of constitutional rank, which they considered at that time appropriate legislative solutions for a wide-spread constitutional reform of the Romanian State.

  • Issue Year: 2024
  • Issue No: 04
  • Page Range: 47-63
  • Page Count: 17
  • Language: Romanian
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