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Constituţionalism şi import constituţional în România modernă: proiectul de Constituţie de la 1848 al lui Mihail Kogălniceanu

Constitutionalism and constitutional transplant in modern Romania: the 1848 constitutional project of Mihail Kogălniceanu
[journal article]

Guțan, Manuel

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Abstract In my point of view, someone cannot speak about a constant influence of the Belgian Constitution of 1831 over the Romanian political elite. Not from 1848, at least. The most well known and prized 1848 revolutionary project - the one elaborated by Mihail Kogălniceanu, has been transplanted in a very important amount (60%) from the French Constitution of 1848. Generally speaking, must be emphasized that the principles and the institutions of the Belgian Constitution haven't represented a constant and overwhelming model for the 19th century's Romanian constitutionalism. The birth of the modern Romanian constitutionalism has thus been a difficult process, almost exclusively indebted to the ideological and normative legal import. The imported model hasn't been singular, ruther someone must think about an alternation of the French and Belgian constitutional models. This is why we are speaking about therminological vagueness, normative incoherence, incompletness of the principles and institutional hesitations.
Keywords constitutionalism; Romania; constitution; nineteenth century; Belgium; political influence; historical development
Classification Political System, Constitution, Government; General History
Document language Other language
Publication Year 2011
Page/Pages p. 227-254
Journal Studia Politica : Romanian Political Science Review, 11 (2011) 2
ISSN 1582-4551
Status Published Version; peer reviewed
Licence Creative Commons - Attribution-Noncommercial-No Derivative Works