6 ANDREEA ANA-MARIA ALEXE
B. national sovereignty is based on the sociological idea of nation6 considered
to be a moral person who has a will of its own, distinct from the individuals who
compose it at a precise moment, this will is expressed by nation representatives
designated in accordance with the procedures upon they had agreed.
C. State sovereignty is a general feature of state power, therefore supremacy
and independence of government is the will of the whole society.
However, we find extremely interesting the role that is assigned to the people
within this paragraph (art. 2 paragraph 2), sovereignty is exercised through "free,
periodical and fair elections", thus is postulated the people's right to decide its fate,
to establish the political line of the state and structure of authority and to control its
activity, even if it means to sanction it at new elections. Another form of
manifestation of the people’s will is the referendum, and it is clearly the most
effective and direct feedback of the popular will. Retaining referendum as a means
of direct participation of the people in exercising state power, the Constituent
legislator reaffirms the people the statue of constituent power holder. The
constitutional amendment should take into account the existing procedural rules
defined in the text of the Constitution7, even if we are referring to referendum as a
way of approving the revision of constitutional texts by the people.
Popular sovereignty resides from "the equal shares of sovereignty which
belong to each citizen, from every molecule that enters into the notion of the
people, as a whole. In other words, every citizen is a registered keeper of a share of
sovereignty and the sovereignty of the people is the sum of all individual wills.
Government is entrusted, by suffrage, not sovereignty – because it is inalienable,
but its exercise"8. Thus, given the close link between the concept of people
sovereignty and constituent power, it is important to determine the content of
sovereignty and its limitations, in this regard, prof. Ion Deleanu’s definition seems
comprehensive "sovereignty is a feature of state power that allows it to decide in
all internal and external state affairs, without any interference, respecting the
sovereignty of other states and all the generally-accepted international law
principles. Therefore sovereignty involves the conjugation of two components: the
supremacy of state power and the independence of that power.9"
However, according to prof. Maurice Hauriou 10 , among other types of
sovereignty, we can talk about institutional sovereignty and the sovereignty of the
political will of the people. These two are not incompatible, they find themselves a
6 The nation, as prof. I. Deleanu states, quoting J. Giquel, incorporates the past, the present and
the future, not only the sum of all those who live on a territory. Deleanu, I. (2006). Instituii şi proc edure
constituionale, C.H. Beck Publishing House, Bucharest, p. 373.
7 E.S. Tnsescu, în I. Muraru, E.S. Tnsescu, Constituia României. Comentariu pe articole, C.H.
Beck Publishing House, Bucharest, p. 1452.
8 I. Deleanu, Instituii şi proceduri constituionale, C.H. Beck Publishing House, Bucharest, p. 372.
9 I. Deleanu, Instituii şi proceduri constituionale, C.H. Beck Publishing House, Bucharest, p. 376.
10 M. Hauriou, Precis de droit constitutionnel, Recueil Sirey, Paris, pp. 285-297.