0000000000470938
AUTHOR
Răzvan Cosmin Roghină
showing 3 related works from this author
Carol I of Romania - a lord/king who reigned and ruled. The formula of the dualist parliamentary regime transplanted in 1866
2019
In this paper, we intend to clarify the theoretical practices supposed by the political regime transplanted by the Romanian political elite in the constitutional moment of 1866, from the Belgian Constitution of 1831. From the perspective of such an approach, we shall observe that the fundamental law of 1866 did not design a Domn (Lord)/King placed under the dictum ‘the monarch reigns, but he does not rule’, but an active head of state, constitutionally endowed with strong levers of power. Considering the Constituent’s desire to give a reply to the authoritarian regime of A. I. Cuza, the recognized constitutional powers of the head of state, on the one hand, and the further developed politic…
The Theory of Forms Without Substance a Romanian Legal Transplant Theory Ahead of its Time
2020
Abstract Comparative law and legal history show us that law is dynamic, always in continuous development, change, or mutation. This dynamic dimension has become a central concern for the comparative law scholars. The circulation of legal models in the world (e.g. legal transplant, legal transfer, legal borrowing, legal migration) is an evergreen issue. This phenomenon has provoked numerous doctrinal disputes, which have been encapsulated in complex theories on its possibilities and impossibilities. In the present article, we will not explore the many modern theories regarding legal transplantation (or under other metaphors). Instead, we will go back in time, in the second half of the ninete…
The Romanian Prezidentialized Consultative Referendum. Eating Apples from a Poisonous Tree? Personal and Teleological Interpretations
2019
Abstract Through this article, we propose an (original) analytical approach on the consultative referendum of May 2019 and a wider critical landscape regarding the consultative referendum institution by enforcing a teleological interpretation. In this sense, we propose three sections. We will start with a short overview on the use of the consultative referendum in the recent years of Romanian democracy. In the second section we will focus on the consultative referendum from 26 May, 2019. In the third section we will ask the Founding Fathers of the Constitution for an “opinion” regarding the possibilities and impossibilities of the consultative referendum.