The resistance of totalitarian mentalities and some difficulties of the rule of law construction in the Romanian cultural and political space
The resistance of totalitarian mentalities and some difficulties of the rule of law construction in the Romanian cultural and political space

Summary/Abstract: After the fall of the communist regimes, Romania and the Republic of Moldova adopted constitutional frameworks inspired by the Western post-war constitutional model, a model that had been built as a reaction against Nazism, i.e. to normatively counteract the objective social hierarchies, conceived as natural frameworks of legitimate domination. As a result, Western constitutional systems focused on equality, even if they remain pluralistic at the level of constitutive principles. However, their imitation by the postcommunist systems, which broke away from regimes that exacerbated equality, created a major problem for the new European democracies: objective law itself generates institutional reactions directed against individual freedom, social elites and their pluralistic structure, private property and economic freedom, which apparently cannot be understood as a guarantee of political freedom. They also lead to major dysfunctions in the political structure of society in terms of the relationship between state law and the self-regulation of the market economy. The basic structural conditions of liberal societies and legal systems are thus called into question. Starting from this general framework of analysis of post-communist constitutional systems, this study will show how the fundamental norms of our states or the interpretation given to them should be refocused in order to stimulate pluralism, the effective protection of private property and economic freedom.

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