This chapter analyzes constitution-making and constitutional development in Romania since 1989. Due to the dominance of the postcommunist elites and the exclusion of other political and social actors, a constitution was adopted that contained “systemic pathologies” to which negative practices were added. For a long time, however, it was not possible to obtain a majority for constitutional reform. Only in 2003, with EU accession looming and under external pressure, did political actors agree to revise the constitution to address some shortcomings concerning the accession. As the chapter points out, the main systemic problems remained and had a concrete impact on politics, e.g., in connection with periods of cohabitation.

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Constitution-Making and Constitutional Developments: Systemic Pathologies in Text and Practice

  • Ralf Thomas Göllner

摘要

This chapter analyzes constitution-making and constitutional development in Romania since 1989. Due to the dominance of the postcommunist elites and the exclusion of other political and social actors, a constitution was adopted that contained “systemic pathologies” to which negative practices were added. For a long time, however, it was not possible to obtain a majority for constitutional reform. Only in 2003, with EU accession looming and under external pressure, did political actors agree to revise the constitution to address some shortcomings concerning the accession. As the chapter points out, the main systemic problems remained and had a concrete impact on politics, e.g., in connection with periods of cohabitation.