The executive - terminology used by the Romanian constitutional and legal regulations during the 19th century until august 1944

• Author: O. Saramet/C.I. Gliga
• Position: Faculty of Law, Transilvania University of Brasov
• Pages: 235-242

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 8 (57) No. 2 - 2015

THE EXECUTIVE – TERMINOLOGY USED

BY THE ROMANIAN CONSTITUTIONAL

AND LEGAL REGULATIONS DURING

THE 19TH CENTURY UNTIL

AUGUST 1944

O. ŞARAMET1 C.I. GLIGA1

Abstract: To recognise through constitutional provisions the enforcement

of the principle of separation and balance of powers, whether expresis

verbis, or by interpreting those provisions which refer to this principle, is not

enough to understand the notion of executive. Moreover, throughout time, the

legislator has not been constant in using only one specific terminology. This

is the reason why, in this paper, we tried to pinpoint the terminology

concerning the executive used by the Romanian legislator in the relevant

regulations of the 19th century, as well as in the constitutional ones in the 20th

century, but only in those up to the 1948 Constitution of Romania.

Key words: terminology, executive, constitution, legislation, interwar period.

1 Faculty of Law, Transilvania University of Braşov.

1. Introduction

In the specialty doctrine, the points of

view are not unitary concerning the

constitutional development of Romania,

the qualification of a document or another

as being the first Constitution.

Therefore, for example, C. Ionescu

considers that “seven constitutional cycles

have been carried out during the

constitutional development of the

Romanian state [5, p.475-487].

Another author states that there are five

periods in this evolution of the Romanian

constitutional life [2, p.359-407].

We appreciate, however, assuming one

of the points of view expressed in the

doctrine, that the constitutional

development of Romania starts with the

“Developing Statute of the Paris

Convention”, followed by: the 1866

Constitution of Romania; the 1923

Constitution of Romania; the 1938

Constitution of Romania; the documents

with constitutional value drawn up

in the period between 1944 up

to the enactment of the 1948 Constitution;

the 1948 Constitution; the 1952

Constitution; the 1956 Constitution;

the documents with constitutional value

drawn up following the Uprising in

December 1989; the 1991 Constitution.

We state that it is necessary to take into

consideration also the amendments brought

to the last Constitution by the Law for its

revision in 2003, revision approved by the

referendum held during 18th – 19th of

October 2003[8].