Geneza unui regim autoritar: Constituția din 1938
The genesis of an authoritarian regime: the 1938 Constitution

Summary/Abstract: The aim of this paper is to explore the legal roots of the Romanian totalitarianism, as set in the 1938 Constitution. The starting point of the analysis is constituted by the legal realities preceeding the introduction of the 1938 Constitution, since they are critical in bringing about a fundamental change in the political landscape of the interwar period. The nature of the relationship between the legal practice enabling the Tatarascu government to rule with the help of decrees, thus bypassing the parliament, and the constitutional devices introduced by the king in 1938 is another point of interest raised in the study. As a matter of fact, the birth ot the totalitarianism would have been unthinkable in the absence of a continuous degradation of the parliamentary legitimacy, which effectively paved the way fora solution ignoring the democratic mechanism.

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