National security as part of constitutional/national identity Cover Image
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National security as part of constitutional/national identity
National security as part of constitutional/national identity

Author(s): Andrei-Nicolae Popa
Subject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Security and defense, Politics and Identity
Published by: Universul Juridic
Keywords: constitutional identity; constitutional security; state sovereignty; constitutional order; Romanian constitutional law; eternity clauses;

Summary/Abstract: This article analyzes the process of constitutionalizing the concept of national security in Romania, placing it at the core of the state's constitutional identity. Based on a joint examination of the relevant constitutional provisions and the jurisprudence of the Constitutional Court of Romania, the paper argues that national security is not merely a prerogative of sovereignty, but an indispensable instrument for protecting the “hard core” of the Constitution. It is contended that the constitutional order – understood as the normative expression of constitutional identity – requires systemic protection against hybrid, normative, or institutional threats. Within this framework, the study proposes an integrated conceptualization of constitutional security as the internal dimension of national security, acting as a guarantor of state continuity and constituent legitimacy. The research methodology combines normative analysis, teleological interpretation, and interdisciplinary correlation, drawing upon doctrinal and jurisprudential sources. The conclusion emphasizes the need for normative reform and for the crystallization of a unified doctrine that explicitly enshrines this constitutional function of national security and systematizes the protection of fundamental values against the dissolution of the constitutional order.

  • Issue Year: 2025
  • Issue No: 01
  • Page Range: 101-119
  • Page Count: 19
  • Language: English
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