Periods of romanian constitutional law - with regard to the right to vote [Articol]

Abstract

The development of constitutional law in Romania is based on fundamentally different foundations compared to those of Western European states, primarily due to the delayed formation of the state, despite the fact that it has essentially adopted foreign models for its state organisation and legal system. The Romanian state was a constitutional monarchy at its inception, with limited constitutionalism, before turning into an open royal dictatorship in 1938 and then a military dictatorship in 1940. After the Second World War, Romania returned to constitutionalism nominally, however as consequence of the Soviet occupation, the Soviet political, economic and constitutional system was adopted, leading to the necessary abandonment of former constitutionalism. Consequently, between 1948 and 1989 - and 1991 de jure - Romania lived in an era of de facto unconstitutional constitutions. In the case of Romania, therefore, effective constitutionalism has been established after 1991, when the Constitution of 1991with the adoption of the current Constitution. The lessons of this historical process carry messages that are still relevant today. It is therefore particularly important to look at the right to vote in the above sense in terms of constitutionally defined state objectives and policies. Indeed, until the introduction of universal suffrage, the constitutional ends of the state did not necessarily embody the will of the people, but the will of the ruling elite as laid down in the constitutions. This is why an overview of the development of the constitutional journey to genuine popular sovereignty is remains significant today.