Constitution review – between necessity and opportunity
Constitution review – between necessity and opportunity

Summary/Abstract: The present article aims to rediscuss the variables of constitutional revision. This effort stems from the recent initiatives purporting “to reform the Constitutional Court of Romania” and observations regarding the “major deficit of parliamentary democracy in the legislative procedure”, generated by the special procedures of “tacit adoption”, “assuming responsibility” and the excess of legislative power on part of the Government, as expressed through ordinances. Given a constitution needs a certain level of stability and the possibility to adapt to new, political and social realities, this article showcases the procedural rules and limits in relation to constitutional revision. It selectively presents possible outcomes of a future constitutional revision – stemming from the observation of disfunctions manifested in the functioning of the constitutional-statal mechanism (particularly the parliamentary practice of tacitly adopting bills and legislative proposals and the governmental practices in the field of assuming responsibility before Parliament and of adopting emergency ordinances). It showcases the constitutional and infraconstitutional framework regulating the organization and functioning of the Constitutional Court of Romania and remarks a recent bill to amend Law No. 47/1992. Last but not least, it analyses whether constitutional amendments would actually play a part in consolidating the democratic regime of Romania if not paired with a reform of the political elite, reshaping the conduct of the main political and institutional actors.

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