Considerations on political parties

AuthorErhard Niculescu
PositionTeaching Assistant, PhD Candidate, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (e-mail:
Political parties are the engine of social life, without which citizens would not be able to express
political will. According to the law of political parties, they fulfill a public mission guaranteed by the
Constitution. That is why, considering the subject very current, we considered it important to analyze
in this study, in the notion of political pluralism: the concept of political party but also its constitutional
dimension. To this end, the study shows the view of the doctrine combined with the jurisprudence of the
Constitutional Court.
Keywords: Constitution, political party pluralism, citizen, jurisprudence.
1. Introduction*
Political parties have had an
overwhelming role in the modernization of
political life
. Strictly, parties are more than
a century and a hal f old
. According to
Giovanni Sartori relationship between
citizens and parties is d efined as: "citizens
in Western democracies are represented by
the parties
". It is stated that the term party
was used to designate factions that divided
the ancient cities and clans of the Middle
Ages and clubs of deputies from the
revolutionary assemblies and committees
which prepared the census election in
constitutional monarchies
. In the U.K.
political parties emerged in the form of
affinity groups in Parliament, associated
* Teaching Assistant, PhD Candidate, Faculty of Law, “Nicolae Titulescu” University of Bucharest (e-mail:
Cristian Ionescu, Compared Constitutional Law, Ed.C.H.Beck, Bucharest, 2008, p. 25.
Dan Claudiu Dănișor, Constitutional Law and Political Institutions, Ed.Europa, Craiova,1995, p. 93
Giovani Sartori, Representational Systems, in International Encyclopedia of the Social Sciences, vol.13, 1968,
p. 471.
Dan Claudiu Dănișor, op.cit., 1995, p. 93.
Constitutional documents of the United Kingdom of Great Britain and Northern Ireland, Translation and notes
E.S.Tănăsescu, N. Pavel, Ed. All Beck, Bucharest, 2003, p. 15.
Ioan Muraru, Elena Simina Tănăsescu, Constitutional Law and Political Institutions, edition 14, vol II, Ed. CH.Beck,
Bucharest, 2013, p. 23.
Dimitri Georges Lavroff, Les partis politiques, Presses Universitaires de France, Paris, 1970, p. 101.
with networks of relations in the country,
groups that divided in terms of governance
in fact
Therefore, we explain further, what
the political parties are, combining doctrine,
case law a nd the jurisprudence of the
Constitutional Court of Romania. As rightly
pointed o ut in doctrine, t he concept of
political party allows the correct
interpretation of art. 8 of the Constitution in
the sense that political parties contribute to
defining and expressing the political will of
the citizens
. We speak of this view of the
special relationship that exists between the
state and political parties. State expresses
the community, while political parties
express ideologies and interests of social
groups that coexist within the nation

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