The evolution of the right of association
from constitutional standpoint in Romania
PhD student Valentin MINOIU
1
Abstrac t
Starti ng from the principl e that the hist ory, on t he whol e, it is an analysis o f the
past in ord er to understan d the present and to guide future beh aviour, we intend to
demonstra te that the historic lan dmarks on t he evo lution of co nstitutio nal regulatio ns
concerning ri ghts and fundamenta l freedoms an d the right o f associat ion are partic ularly
importa nt for con sistency of the cont emporary d ebates on issues o f const itutiona l reform.
In this cont ext, we have been con cerned about present ing an a nalysis from historical
perspect ive on the evoluti on of the regul ations, taki ng into account the main moments in t he
evolu tion of Ro manian c onstitut ionalism. Thi s analysi s is the result of a research method
based on th e historical and documenta ry analysi s, where we h ave taken into consid eration
on one han d the e volution ary anal ysis of the issue from its earli est manifestatio n forms on
the Romanian territ ory un til present day, a nd, on the o ther han d, the a nalysis, th rough
check ing and comparing ident ified d ata and the d ocuments th at were issued duri ng the
reference p eriods lin ked to it. Also, anal ysing bibli ographic sou rces has provided a
fundament al ideolo gical supp ort for our scientific ap proach.
Keywords: Consti tution, c onstituti onalism, funda mental rig hts and freedoms, the
right o f associat ion
JEL Cla ssification: K10
1. Introduction
The evolution of the Romanian constitutionalism describes the changes of
social and political life of society, numerous fundamental changes to the act and
their frequency highlighting a serious instability among political decision-makers
in the respective years, and reduced importance given to its supremacy. The
permanent concern to mainly concentrate political power at various state governing
bodies (Parliament, Presidency and Government - regardless of the historical stage
and form of organization), with the inherent tensions generated in the political and
social level, was, on the one hand, the source of efforts to reform a constitutional
state, and, on the other hand, a factor which, unfortunately only sometimes,
managed to censor autocratic tendencies of some leaders.
1
Valentin Minoiu - ”Titu M aiorescu” University of Bucharest, valimin2007@yahoo.com.