The constitution and constitutionalism, between nihilism and solipsism Cover Image
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Constituția și constituționalismul, între nihilism și solipsism
The constitution and constitutionalism, between nihilism and solipsism

Author(s): Bogdan Iancu
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Uniunea Juriștilor din România
Keywords: normative constitution; formal constitution; material constitution; core and periphery; modernisation through constitutions; Romanian liberal-constitutional evolutions;

Summary/Abstract: I address the central theme of the special issue, seeking to answer the foundational questions: What is the use of a normative constitution, i.e., a written constitution, in the liberal post-revolutionary tradition of the 18th century, adopted in the name of the sovereign people, which guarantees rights and separates powers? More specifically, what was, in the specific Romanian setting, the use of normative constitutions in the late-Enlightenment tradition? To address these by no means simple queries, I postulate the premises of authenticity and effectiveness and utilise the distinctions core/periphery and formal constitution/material constitution.

  • Issue Year: 2025
  • Issue No: 11
  • Page Range: 35-47
  • Page Count: 13
  • Language: Romanian
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