Revizuirea constituției: între exigențele dreptului
și dezideratele politicului
Revision of the Constitution: between the Requirements of the Law and the Desideratum of Politics
Author(s): Simina TănăsescuSubject(s): Constitutional Law
Published by: Editura Academiei Române
Keywords: Constitution; formal meaning; material meaning; stability of the constitution; rigidity of the constitution; limits of constitutional revision; formal and informal revision; eternity clauses; constitu
Summary/Abstract: In a broad sense, the constitution brings together norms that regulate the political manifestations of state-power and gives legal expression to the essential values that define a human collectivity; This last characteristic explains why constitutions tend to enjoy greater stability than other regulations. Social experience shows that the legal requirements applicable to the process of revising the Romanian Constitution make a formal revision difficult and leave room for informal revisions. The rigidity of a Constitution cannot fully explain the success or failure of a revision, but it can play a significant role in protecting the stability of certain values, in particular those encapsulated in legal rules declared intangible and thus protected from the vagaries of an intemperate political life. Equally, the stability of the Constitution is and must be compatible with the adequacy and synchrony between social life and the Basic Law. Ultimately, the aim of any constitutional revision should be to (re)gain citizens' confidence in the institutions and authority of the state.
Journal: Studii și Cercetări Juridice – Serie Nouă
- Issue Year: 2024
- Issue No: 1
- Page Range: 57-73
- Page Count: 17
- Language: Romanian