Recapturing the Past in the Romanian Reform of Bicameralism Cover Image
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Recuperarea trecutului în reforma românească a bicameralismului
Recapturing the Past in the Romanian Reform of Bicameralism

Author(s): Anthony Murphy
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: C.H. Beck Publishing House - Romania
Keywords: bicameralism; unicameralism; tradition; innovation; constitutional revision;

Summary/Abstract: This paper analyses the main opportunities of reforming the bicameral structure of Romania’s legislature. Such an effort begins with an insight into the evolution of bicameralism throughout the constitutional history of Romania. Understanding the evolution of Romanian bicameralism, one can determine certain coordinates for a future constitutional reform in this area. Although one recalls that the unicameralism approved in the 2009 referendum might prove to be a gordian knot at a future revision, this issue does not concern our study. A reform of the Romanian bicameral legislature must set a goal. Consequently, our arguments build upon Lijphart’s taxonomy and Sartori’s comments on determining a form of bicameralism which could be both stable and efficient. Setting out the main goal of a rationalized medium bicameralism, with incongruence and asymmetry as features, our efforts concentrated on capitalizing the constitutional tradition in an analysis of the alternatives for the recruitment of senators and distinguishing the powers bestowed upon this chamber. As such, this paper supports the case in favour of combining the discussed options of reform at a future rethinking of the Romanian Senate’s purpose.

  • Issue Year: 2019
  • Issue No: 06
  • Page Range: 323-330
  • Page Count: 8
  • Language: Romanian
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