Indicators for Measuring Constitutional Efficiency. An Evaluation of the Romanian Constitution after 30 Years

Lucian-Sorin Stanescu ()
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Lucian-Sorin Stanescu: Faculty of Law and Administrative Sciences, ãStefan cel MareÓ University of Suceava, Romania

Perspectives of Law and Public Administration, 2022, vol. 11, issue 4, 666-681

Abstract: Explaining the concept of the effectiveness of the constitution requires, first, as in a mathematical equation, the identification of the classic criteria of normative validity of a fundamental law, i.e. the supremacy of the law, the separation and balance of powers, the existence of the rule of law, the effectiveness of the guarantees of respect for human rights, the application of specific sanctions in case of constitutional slippages. The introduction into this equation of some variables such as the optimal lifespan of a constitution, the stability of the fundamental law or the phenomenon of citizen participation is necessary to draw conclusions on some effects such as its success, legitimacy and ofelimity, as well as the happiness of its citizens. By applying this method of analysis to the Romanian Constitution of 1991, the study aims to verify whether it was able in its existence of three decades to ensure the achievement of its initial goals, as well as its normative and non-normative functions, which what should be reflected in its ability to regulate conflicts in the constitutional space, the force of imposing its specific norms and sanctions, to ensure the optimal and sustainable functioning of state institutions and to create and obtain the faithful employment of its beneficiaries in respecting its supremacy, as an expression of their ideal of a politically constituted society.

Keywords: indicators for measuring constitutional efficiency; the optimal lifespan of the constitution; constitutional ofelimity; citizens happiness. (search for similar items in EconPapers)
JEL-codes: K40 K42 (search for similar items in EconPapers)
Date: 2022
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