Caracterul suveran şi naţional al puterii constituante – premisă a unei constituţii legitime şi democratice. Cazul constituţiilor Republicii Moldova şi al constituţiilor României [Articol]

Abstract

In this article, the author analyses the relationship between the real expression of the sovereign national will expressed by the Constituent Assemblies and the legitimacy of the constitutions they have drafted. The more the constituent power and its institutional expression – the Constituent Assembly – reflect the sovereign will of the people, its aspirations and its genuine needs for development and progress, the more expressive the constitutional identity of the nation in question will be, and the constitution voted by it will be fully legitimate and will have, by its content, the qualities of a national project. Seen within these limits, a legitimate constitution strengthens the mutual relationship of belonging between state and citizen. A constitution is legitimate to the extent that it is perceived by citizens as their constitution, the mirror and expression of their real aspirations for personal development, as well as their political, socio-economic and cultural development. From this perspective, the author analyses the constitutional moments that culminated in the adoption of constitutions in the Republic of Moldova between 1924-1978 and in Romania between 1948-1965 and concludes that the fundamental laws in question were illegitimate, undemocratic constitutions in the sense that this term has in European constitutional doctrine, since they did not reflect the sovereign will of the respective peoples, they were, in fact, constitutions im- posed, granted by a ruler who was the legitimate holder of power. As for the two republics, they shared a common constitutional path at certain stages in the evolution of their state existence. In this context, the author points out that at the academic and scientific research level, it is necessary to reconstruct and wisely recover the true, real common history of the two states to restore and affirm a single constitutional identity.