Law Administrative / Constitutional Law

The Constitution of Romania: A Contextual Analysis

By Bianca Selejan-Gutan
Hart Publishing April 2016

Specifications

ISBN-13
9781849465137
Publisher
Hart Publishing
Publication
April 2016
Format
Paperback
Jurisdiction
Romania ? Countri(es) for reference only

Details

Romania was the last Eastern European communist country to break with the most powerful dictatorship in the region, in December 1989.

It has struggled ever since to overcome the transition to democracy and to become a 'full-time' member of the Western democratic community of states. This book provides a contextual analysis of the Romanian constitutional system, with references to the country’s troubled constitutional history and to the way in which legal transplantation has been used.

The Constitution’s grey areas, as well as the gap between the written constitution and the living one, will be also presented and explained, through the prism of recent events which cast a negative shadow upon the democratic nature of the Romanian constitutional system.

The first chapters present a brief historical overview and an introduction to Romanian constitutional culture, as well as the principles and general features of the 1991 Constitution. The next chapters explain the functioning of the institutions and their interrelations – Parliament, the President, the Government and the courts.

The Constitutional Court has a special place in the book, as well as local government and the protection of fundamental rights. The last chapter refers to the mechanisms and challenges of constitutional change and development.

Table of Contents

INTRODUCTION AND HISTORICAL OVERVIEW
1. CONSTITUTION, NATION AND STATE
2. THE ROMANIAN PARLIAMENT
3.THE DUAL EXECUTIVE AND THE AVATARS OF ROMANIAN SEMI-PRESIDENTIALISM
4. LOCAL GOVERNMENT
5. THE CONSTITUTIONAL COURT. CONSTITUTIONAL ASPECTS OF THE JUDICIAL SYSTEM
6. CONSTITUTIONAL PROTECTION OF FUNDAMENTAL RIGHTS
7. THE PROCESS OF CONSTITUTIONAL CHANGE: MECHANISMS, LIMITS AND FUTURE DEVELOPMENTS

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