AMBIENTUM BIOETHICA BIOLOGIA CHEMIA DIGITALIA DRAMATICA EDUCATIO ARTIS GYMNAST. ENGINEERING EPHEMERIDES EUROPAEA GEOGRAPHIA GEOLOGIA HISTORIA HISTORIA ARTIUM INFORMATICA IURISPRUDENTIA MATHEMATICA MUSICA NEGOTIA OECONOMICA PHILOLOGIA PHILOSOPHIA PHYSICA POLITICA PSYCHOLOGIA-PAEDAGOGIA SOCIOLOGIA THEOLOGIA CATHOLICA THEOLOGIA CATHOLICA LATIN THEOLOGIA GR.-CATH. VARAD THEOLOGIA ORTHODOXA THEOLOGIA REF. TRANSYLVAN
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Authors: CLAUDIA-ELENA CRĂCIUN-CHIVEREANU.
DOI: 10.24193/subbeuropaea.2023.1.08
Published Online: 2023-06-30
Published Print: 2023-06-30
pp. 247-282
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This article has as its starting point the genesis of Romanian constitutionalism. Developed according to the Belgian model, the Constitution of 1866 allowed the birth of a democratic system of government and consolidated the autonomy of Romania, in the context where, after the abdication of Prince Alexandru Ioan Cuza, there was an inherent need for governmental stability. However, the decision to adopt a prestigious constitutional model was guided by the idea of international legitimacy. The predominantly liberal character of the Belgian Constitution of 1831 influenced the process of drafting fundamental laws in several European states, not only in Romania (Greece, Italy, Prussia, etc.). The constitutional import process is inevitable, but extremely difficult and rarely impossible. The inevitability of this process stems from the fact that overarching constitutional ideas and mechanisms are generally limited. This type of transfer occurs when constituent assemblies face a particular problem and choose to focus on already functioning constitutions.
Keywords: constitutional import; the Belgian Constitution of 1831; the Romanian Constitution of 1866; foreign prince; modernization and political independence; modern liberal constitutionalism.
