Considerations on the bicameral parliamentary system in Romania

Author:Mihaela Adina Apostolache
Position:Petroleum-Gas University of Ploiesti, Economics
Pages:61-68
SUMMARY

The study approaches the way Romanian bicameralism functions, considering both its strengths and weaknesses. In addition, the unicameral parliamentary system is presented in relation to the bicameral one. In the doctrine, there are several opinions according to which bicameralism is preferred to unicameralism, because the two Houses provide increased safety, as the concentration of legislative... (see full summary)

 
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Considerations on the bicameral parliamentary system in Romania
Lecturer Mihaela Adina APOSTOLACHE1
Abstract
The study approaches the way Romanian bicameralism functions, considering
both its strengths and weaknesses. In addition, the unicameral parliamentary system is
presented in relation to the bicameral one.
In the doctrine, there are several opinions according to which bicameralism is
preferred to unicameralism, because the two Houses provide increased safety, as the
concentration of legislative power in one place could be both dangerous and, often,
unjustified. But the two Chambers should not be similar, as this would not serve their
guaranteeing purpose. Furthermore, bicameralism consolidates the balance and solidity of
democratic regimes, providing a better separation of powers.
Keywords: Parliament, bicameralism, unicameralism, competences,
representativity, constitutional changes.
JEL Classification: K30
I. Preliminaries
One of the emerging concerns in recent years in our country has centered
around the discussions on changing the Romanian parliamentary system. This was
caused by the low level of confidence that the citizens have in the supreme
legislative body and brought to attention the decrease of MPs number and the
introduction of the unicameral parliamentary system. Most of the opinions have
reinforced the belief that for now, there should be kept the current bicameral
system, but with some minor modifications.
The principle option between bicameralism and unicameralism depends on
how the separation of powers is understood2. In the Romanian doctrine and
jurisprudence, there has manifested the tendency to reduce the separation of powers
whenever including each organ or organ system in the exercise of one of the three
basic functions of government - legislative, executive and judicial - without being
able to cumulate these functions. They follow Montesquieu's logic: those who have
power tend to abuse it, but one power must stop another (”le pouvoire arrête le
pouvoire”).
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1 Mihaela Adina Apostolache – Petroleum-Gas University of Ploiesti, Economics, Marketing and
Business Administration Department, mihapostolache@yahoo.com
2 Dan Claudiu Dănişor, O dispută între doi clasici: Tudor Drăganu şi Antonie Iorgovan despre
bicameralism, in ”Revista de Drept Public”, no. 3/2010, p. 18.

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