Constituția din 27 februarie 1938 a consacrat un regim de autoritate monarhică. Rolul activ al suveranului în procesul de guvernare
The Constitution of 27 February 1938 established a regime of monarchical authority. The sovereign’s active role in the governing proces

Summary/Abstract: In this article, the author, benefiting from an extensive documentation, analyzes in detail the content of the Constitution of 27 February 1938, a constitutional act that represented the legal basis for the establishment and functioning of the active monarchy regime of King Carol II. The author brings arguments to the effect that the authoritarian monarchy regime patronized by King Carol II was, at the time of its establishment, a solution that the sovereign had to resort to in order to save the country’s statehood, threatened by so many internal factors, among which we mention the danger presented by the growing influence of the Legionary Movement and the inability of the interwar democratic parties to give real functionality and consistency to the values and principles of the constitutional democracy, as well as external ones, namely the dissolution of Romania’s system of alliances and the disinterest of democratic European powers in guaranteeing Romania’s territorial integrity. In this international context, in which the European order forged by the treaties of 1919 no longer constituted a guarantee for the maintenance of parliamentary democracy, the new order of the Berlin–Rome Axis proved to be more and more threatening for the states in the centre and the south-eastern part of Europe. Carol II resorted to a policy of saving the statehood based on the Latin maxim salus rei publicae suprema lex.Under the sign of this Latin maxim, the Constitution adopted by plebiscite and promulgated under the signature of the sovereign and of the members of the Government of Patriarch Miron Cristea was thought and realized by the enlightened minds of the Romanian legal elite.

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