Political pluralism and multiparty

Author:Erhard Niculescu
Position:Assistant, PhD Student, The Faculty of Law, 'Nicolae Titulescu' University, Bucharest
LESIJ NO. XXI, VOL. 1/2014
Political parties have made themselves noticed in histor y by competing for power a nd over time they
have emerged as undeniable and indispensable realities in a political system rega rdless of its form.
The Constitution of Romania r ecognised the role and histor ical importance of pluralism an d political
parties and dedicated them a pla ce of honour in the genera l principles tha t establish our state as a
democratic and social sta te of law. This a rticle analyses the constitutional provisions on political
parties, depicting the evolution of statutory r egulations th ereon over more tha n 100 years, dur ing
various political regimes. Last but not least, it also analyses concepts and points of view of the doctrine
with respect to the subject matter, while also making r eferences to the relevant constitutional
jurisprudence. Finally, as a result of the analysis conducted, we will r eveal any weaknesses of the
legislation and we will make our conclusions.
Keywords: pluralism, political pa rty, Constitution, law, multiparty
1. Introduction*
Longă consideredă theă “engineă ofă theă
politicală life”ă ofă aă society,ă politicală partiesă
are characterised by a fervent activity, in the
forefront of political life. The state has an
acknowledged relatio nship with the c ivil
society, relationship that is lost in the mists
of time. Thus, it is public knowledge now
that civil society works on the state in many
ways, while parties, together with the media
or trade unions stand out as a major player in
rendering the power relations more dynamic.
Many times we, ordinary citizens, have
witnessed the adoption of various legal acts
by the legislative or executive body with the
support of the political parties in power.
The French legal d octrine estimates
that the state performs three basic functions:
a) Enactment of general rules
legislative function;
* Assistant,ă PhDă Student,ă Theă Facultyă ofă Law,ă “Nicolae Titulescu” University, Bucharest of (e-mail:
M. Chantebout, Droit constitutionnel et science politique (Constitutional Law and Political Science), Dalloz
Publishing House, Paris, 1982, p.156.
b) Application or enforcement of
these rules executive function;
c) Settlement of litigations arising in
society judicial function.
In recognition of the role played by the
parties, they have been expressly regulated
in the Constitutions of the states of the
world. But, since t he society has evolved in
a dramatic rhythm, some Constitutions are
required to be revised and adapted to times.
2. Paper content
2.1 Political parties and their
constitutional regulation
On the national political scene, in
addition to traditional political parties, such
as for instance the Peasant Party or the
Liberal Party, a series of alliances operated,
such as the Alliance for Justice and Truth (J

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