Justiţia populară în România. O radiografie instituţională,1948-1960
The Enforcement Of the Law by the Popular Judge in the Regime of People’s Democracy, 1948-1960
Author(s): Iuliu Crăcană Subject(s): History
Published by: Institutul National pentru Studiul Totalitarismului
Keywords: Communism, Justice, magistrate, teleocratic interpretation, political repression.
Summary/Abstract: During 1948-1960, Justice had been used for the establishment and strengthening of the people's democracy regime. In the absence of any constitutional and legal guarantees to protect them against external pressures, and under threat of removal from the judicial system, but also willing to enjoy career opportunities offered by the regime, judges and prosecutors acted obediently toward political power. In our study this way of interpreting the law was defined as teleocratic interpretation (interpretation of the law in the interests of power). To achieve such interpretation, the Judge must always give a solution that will satisfy the political power. As a consequence, he has trained himself to guess the desire and interests of communist authorities. This „judicial conduct” led to the using of Justice as a punishement tool against all types of opponents, members of the political leadership, Communist party members or common people.
Journal: Arhivele Totalitarismului
- Issue Year: XXI/2013
- Issue No: 3-4
- Page Range: 76-86
- Page Count: 11
- Language: Romanian
- Content File-PDF