The evolution of the right of association from constitutional standpoint in Romania

• Author: Valentin Minoiu
• Position: University of Bucharest
• Pages: 259-273

The evolutionof the right of association

fromconstitutional standpoint in Romania

PhD student Valentin MINOIU

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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

concerningri 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 fundamentalchanges 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

sociallevel, 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.

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Valentin Minoiu - ”Titu M aiorescu” University of Bucharest, valimin2007@yahoo.com.