Building Liberal theory in the Age of Modern Constitutionalism: Judicial Interpretations and Political Thinking in Emanoil Chinezu’s Studies
Building Liberal theory in the Age of Modern Constitutionalism: Judicial Interpretations and Political Thinking in Emanoil Chinezu’s Studies

Summary/Abstract: Constitution drawn up by Emanoil Chinezu was based on the principle of the separation of powers within the State, the legislative power was collectively exercised by ”the national representation” and the Prince, the executive power being entrusted to the Senate, while the judicial power was exercised by courts and tribunals. Just as the Paris Convention of 1858, it was provided an elective, but not foreign monarchy, the Prince had to be a Romanian citizen. The value of this document lies in the attempt to present in a new form, influenced by the West spirit, the old traditions of the Country and the desiderata constantly expressed by the nobility in its various memoirs. The author of the constitution draft pursued the organisation of a State subject to the rule of law, founded on the principles of the French revolution and the old Romanian settlements, in order to give the Country a Constitution.

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