Constituția din 1991 – preluare sau reinventare a tradiției constituționale?
Constitution of 1991 – Takeover or Reinvention of Constitutional Tradition ?

Summary/Abstract: The premise of this paper is that the constitutional values and traditions of a nation constitute the basic vein of its constitutional development. This process is evolutionary and creative by nature, which means that, in addition to the existing value substrate, society receives new elements and values. The combination of tradition and innovation takes place in a sequence of stages, leading to an emerging evolution. Thus, the paper identifies these constitutional values and traditions as those contained in the acts with constitutional value adopted in the period 1858-1938. The interrelationship between these constitutional traditions and innovative ideas from the European constitutional space can be found in the Constitution of 1991, which perfectly illustrates the emerging evolution of Romanian constitutionalism. The Constitution of 1991 organically combines the elements of constitutional tradition that mainly relate to the institutional construction of the state with the innovative ones aimed at a resettlement and adaptation of the axiological content of fundamental rights and freedoms, but also the relationship between the national and European legal order. Of course, the valorization of the constitutional tradition cannot be mimetic, but must be appropriate to the new requirements of the science of law. Under these conditions, the valorization, interrelation and recombination of constitutional values over time reflects an emerging evolution, which proves the continuity of the development movement of Romanian law and its permanent connection to European values.

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