Le caractère necessaire du transplant constitutionnel de 1866 et la problématique du source juridique
The necessary chaaracter of constitutional transplant from 1866 and the problem of juridical source

Summary/Abstract: In order to understand the effects of a constitutional transplant – an important circumstance in assessing the success or failure of the imported mechanisms and institutions ‐, we must take in consideration, in their interdependence, the dimensions of ʺwhyʺ did the transplant took place (objective and subjective justifications), ʺhowʺ it was objectified (rational/irrational, conscious/unconscious), ʺwhere fromʺ (direct / indirect; from one or more legal systems), ʺwhatʺ was the object of the transplant (ideas, mechanisms, institutions, political regime) and ʺthe volumeʺ of the legal import. In this article, summarizing the above mentioned directions, we intended to discover the intentions of the 1866 Constituent Assembly. Therefore, we sought to detect the necessity of the constitutional transplant; We took into account the geopolitical context in which the Romanian state was engaged in the mid‐nineteenth century, the issue of the foreign prince and the urgency of European legitimation of the young national and unitary Romanian state through constitutional modernization. In other words, we aimed to discover the external finality of the constitutional transplant. Regarding it’s internal finality (without exhausting the subject), we aimed to clarify the legal sources of the Constitution of 1866 and to identify, in relation with the latter approach, the actors of the constitutional transplant.

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