The Survival of the Head of State’s Authoritarianism in Romanian Democracy through the Consultative Referendum Cover Image
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The Survival of the Head of State’s Authoritarianism in Romanian Democracy through the Consultative Referendum
The Survival of the Head of State’s Authoritarianism in Romanian Democracy through the Consultative Referendum

Author(s): Răzvan Cosmin Roghină
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Universul Juridic
Keywords: consultative referendum; Romanian democracy; Romanian president; Romanian semipresidentialism; constitutional transplant;

Summary/Abstract: Through the topic of the article we aim to highlight the fact that, 27 years after the entry into force of the post-communist Constitution, the Romanian political background is still seeking for a form of political stability, a democratic and constitutional coherence - outcomes which were hoped and planned in 1991. Contrary to the teleological construction of the Constitution, the political regime in Romania is pervading even more clearly into Presidentialism. This direction is due to, among other factors, the authoritarian manifestations of the President. Although the Constitution sets a pattern of a President with limited attributions and powers, conditioned and introduced into the scheme of a parliamentary regime, he succeeds in keeping alive the authoritarian head of state tradition. One of the instruments that strengthen his institutional powers is the consultative referendum, which allows him to occupy a privileged position in the dialogue with the People called to decide on issues of national interest. The latter are selected for the People by the President. As a result, an illusion of calling the People in the support of the President can evolve in a form of a Presidential empowerment and in a form of an electoral mandate that allows him to play an extended political role against other public authorities, i.e. the Parliament, with which he competes through his high electoral legitimacy, gained through direct popular vote.

  • Issue Year: 2018
  • Issue No: 01
  • Page Range: 119-152
  • Page Count: 34
  • Language: English