1923 Constitution of Romania
Encyclopedia
The 1923 Constitution of Romania
, also called the Constitution of Union, was intended to align the organisation of the state on the basis of universal male suffrage and the new realities that arose after the Great Union
of 1918. Four draft constitutions existed: one belonging to the National Liberal Party
, written with contributions from Ion I. C. Brătianu
; one composed by R. Boilă at Cluj
, under the influence of the Romanian National Party
; one by Constantin Stere
, representing the views of the Peasants' Party
; and a fourth by C. Berariu. Except for Stere’s proposal, which involved a unicameral legislature, proportional representation and popular consultation through the plebiscite, the other three were inspired (when it came to political organisation) by the 1866 Constitution
. The Liberals came to power in 1922 and managed to push through their own draft, which was approved 247-8 (with two abstentions) in the Chamber of Deputies on March 26, 1923 and the next day in the Senate, 137-2 (with two abstentions). It was published in Monitorul Oficial
and came into force on March 29.
The constitution had eight titles and 138 articles, of which 76 came in their entirety from its predecessor. It enshrined the principles of popular sovereignty (exercised through representatives), separation of powers in the state, rule of law and decentralisation. Rights and freedoms for all citizens were recognised, regardless of ethnicity, language, religion or social class; the right to own property was guaranteed and, for the first time, the nationalisation of mineral deposits was provided for. The Kingdom of Romania was defined as a “unitary and indivisible national state”, with an inalienable territory. The state guaranteed freedom of expression and assembly, of conscience and of religion, and declared that “as the Romanian Orthodox Church
is the religion of the great majority of Romanians it is the dominant church in the Romanian State, while the Greek-Catholic Church
has primacy before other faiths”.
Regarding state organisation, legislative power was entrusted to Parliament (Senate and Assembly of Deputies) and the King; executive power to the King, who delegated it to the Council of Ministers; and judicial power to the central and local judicial organs. The right to vote was expanded beyond the 1866 regulations: it was universal for all males, equal, direct, compulsory and secret, based on majority representation. The Assembly of Deputies was elected through universal suffrage, while the Senate comprised members elected by different electoral bodies (the Chambers of Commerce, Industry, Agriculture and Labour, and professors, all divided into separate colleges), and members by right: the heir to the throne; Metropolitan bishop
s; diocesan bishops of the Orthodox and Greek-Catholic churches; heads of state-recognised religious bodies; the president of the Romanian Academy
; former presidents of the Council of Ministers; former ministers with at least six years’ seniority; former presidents of either legislative chamber who held this function for at least eight ordinary sessions; former senators and deputies elected to at least ten legislatures, irrespective of their duration; former presidents of the High Court of Cassation and Justice; reserve and retired generals; former presidents of the National Assemblies at Chişinău
, Cernăuţi
and Alba Iulia
, which proclaimed their respective provinces’ union with Romania in 1918.
A special section discussing the King provides that the throne should remain with the House of Hohenzollern
, “from male to male in order of primogeniture and with the perpetual exclusion of women and their descendants”. The King’s person was declared inviolable, and ministers had responsibility for his acts, as any act of the sovereign had to be countersigned by a minister, who then became responsible for it.
Although the constitution was undoubtedly democratic and modern, it also contained imperfections in the functioning of state institutions, for instance the fact that the King named the president of the Council of Ministers, who then organised elections. Thus the erosion of democracy was made possible because the government acted so as to ensure that its party won a majority in the legislature. In a well-functioning democracy, a government represents the will of parliament and not vice-versa, as generally happened in the interwar period
.
The 1923 Constitution was abrogated when its February 1938 successor
came into force. It was then partly revived after the King Michael Coup of August 23, 1944 and definitively abrogated when Romania became a republic on December 30, 1947. During this latter period, in July 1946, the only significant modification to the document was made.
Constitution of Romania
The 1991 Constitution of Romania, adopted on 21 November 1991, voted in the referendum of 8 December 1991 and introduced on the same day, is the current fundamental law that establishes the structure of the government of Romania, the rights and obligations of the country's citizens, and its mode...
, also called the Constitution of Union, was intended to align the organisation of the state on the basis of universal male suffrage and the new realities that arose after the Great Union
Union of Transylvania with Romania
Union of Transylvania with Romania was declared on by the assembly of the delegates of ethnic Romanians held in Alba Iulia.The national holiday of Romania, the Great Union Day occurring on December 1, commemorates this event...
of 1918. Four draft constitutions existed: one belonging to the National Liberal Party
National Liberal Party (Romania)
The National Liberal Party , abbreviated to PNL, is a centre-right liberal party in Romania. It is the third-largest party in the Romanian Parliament, with 53 seats in the Chamber of Deputies and 22 in the Senate: behind the centre-right Democratic Liberal Party and the centre-left Social...
, written with contributions from Ion I. C. Brătianu
Ion I. C. Bratianu
Ion I. C. Brătianu was a Romanian politician, leader of the National Liberal Party , the Prime Minister of Romania for five terms, and Foreign Minister on several occasions; he was the eldest son of statesman and PNL leader Ion Brătianu, the brother of Vintilă and Dinu Brătianu, and the father of...
; one composed by R. Boilă at Cluj
Cluj-Napoca
Cluj-Napoca , commonly known as Cluj, is the fourth most populous city in Romania and the seat of Cluj County in the northwestern part of the country. Geographically, it is roughly equidistant from Bucharest , Budapest and Belgrade...
, under the influence of the Romanian National Party
Romanian National Party
The Romanian National Party , initially known as the Romanian National Party in Transylvania and Banat , was a political party which was initially designed to offer ethnic representation to Romanians in the Kingdom of Hungary, the Transleithanian half of Austria-Hungary, and especially to those in...
; one by Constantin Stere
Constantin Stere
Constantin G. Stere or Constantin Sterea was a Romanian writer, jurist, politician, ideologue of the Poporanist trend, and, in March 1906, co-founder Constantin G. Stere or Constantin Sterea (Romanian; , Konstantin Yegorovich Stere or Константин Георгиевич Стере, Konstantin Georgiyevich Stere;...
, representing the views of the Peasants' Party
Peasants' Party (Romania)
The Peasants' Party was a political party in post-World War I Romania that espoused a left-wing ideology partly connected with Agrarianism and Populism, and aimed to represent the interests of the Romanian peasantry. Through many of its leaders, the party was connected with Romanian populism , a...
; and a fourth by C. Berariu. Except for Stere’s proposal, which involved a unicameral legislature, proportional representation and popular consultation through the plebiscite, the other three were inspired (when it came to political organisation) by the 1866 Constitution
1866 Constitution of Romania
The 1866 Constitution of Romania was the fundamental law that capped a period of nation-building in the Danubian Principalities, which had united in 1859. Drafted in a short time and using as its model the 1831 Constitution of Belgium, then considered Europe's most liberal, it was substantially...
. The Liberals came to power in 1922 and managed to push through their own draft, which was approved 247-8 (with two abstentions) in the Chamber of Deputies on March 26, 1923 and the next day in the Senate, 137-2 (with two abstentions). It was published in Monitorul Oficial
Monitorul Oficial
Monitorul Oficial al României is the official gazette of Romania, in which all the promulgated bills, presidential decrees, governmental ordinances and other major legal acts are published.-External links:...
and came into force on March 29.
The constitution had eight titles and 138 articles, of which 76 came in their entirety from its predecessor. It enshrined the principles of popular sovereignty (exercised through representatives), separation of powers in the state, rule of law and decentralisation. Rights and freedoms for all citizens were recognised, regardless of ethnicity, language, religion or social class; the right to own property was guaranteed and, for the first time, the nationalisation of mineral deposits was provided for. The Kingdom of Romania was defined as a “unitary and indivisible national state”, with an inalienable territory. The state guaranteed freedom of expression and assembly, of conscience and of religion, and declared that “as the Romanian Orthodox Church
Romanian Orthodox Church
The Romanian Orthodox Church is an autocephalous Eastern Orthodox church. It is in full communion with other Eastern Orthodox churches, and is ranked seventh in order of precedence. The Primate of the church has the title of Patriarch...
is the religion of the great majority of Romanians it is the dominant church in the Romanian State, while the Greek-Catholic Church
Romanian Church United with Rome, Greek-Catholic
The Romanian Church United with Rome, Greek-Catholic is an Eastern Catholic Church which is in full union with the Roman Catholic Church. It is ranked as a Major Archiepiscopal Church and uses the Byzantine liturgical rite in the Romanian language....
has primacy before other faiths”.
Regarding state organisation, legislative power was entrusted to Parliament (Senate and Assembly of Deputies) and the King; executive power to the King, who delegated it to the Council of Ministers; and judicial power to the central and local judicial organs. The right to vote was expanded beyond the 1866 regulations: it was universal for all males, equal, direct, compulsory and secret, based on majority representation. The Assembly of Deputies was elected through universal suffrage, while the Senate comprised members elected by different electoral bodies (the Chambers of Commerce, Industry, Agriculture and Labour, and professors, all divided into separate colleges), and members by right: the heir to the throne; Metropolitan bishop
Metropolitan bishop
In Christian churches with episcopal polity, the rank of metropolitan bishop, or simply metropolitan, pertains to the diocesan bishop or archbishop of a metropolis; that is, the chief city of a historical Roman province, ecclesiastical province, or regional capital.Before the establishment of...
s; diocesan bishops of the Orthodox and Greek-Catholic churches; heads of state-recognised religious bodies; the president of the Romanian Academy
Romanian Academy
The Romanian Academy is a cultural forum founded in Bucharest, Romania, in 1866. It covers the scientific, artistic and literary domains. The academy has 181 acting members who are elected for life....
; former presidents of the Council of Ministers; former ministers with at least six years’ seniority; former presidents of either legislative chamber who held this function for at least eight ordinary sessions; former senators and deputies elected to at least ten legislatures, irrespective of their duration; former presidents of the High Court of Cassation and Justice; reserve and retired generals; former presidents of the National Assemblies at Chişinău
Chisinau
Chișinău is the capital and largest municipality of Moldova. It is also its main industrial and commercial centre and is located in the middle of the country, on the river Bîc...
, Cernăuţi
Chernivtsi
Chernivtsi is the administrative center of Chernivtsi Oblast in southwestern Ukraine. The city is situated on the upper course of the River Prut, a tributary of the Danube, in the northern part of the historic region of Bukovina, which is currently divided between Romania and Ukraine...
and Alba Iulia
Alba Iulia
Alba Iulia is a city in Alba County, Transylvania, Romania with a population of 66,747, located on the Mureş River. Since the High Middle Ages, the city has been the seat of Transylvania's Roman Catholic diocese. Between 1541 and 1690 it was the capital of the Principality of Transylvania...
, which proclaimed their respective provinces’ union with Romania in 1918.
A special section discussing the King provides that the throne should remain with the House of Hohenzollern
House of Hohenzollern
The House of Hohenzollern is a noble family and royal dynasty of electors, kings and emperors of Prussia, Germany and Romania. It originated in the area around the town of Hechingen in Swabia during the 11th century. They took their name from their ancestral home, the Burg Hohenzollern castle near...
, “from male to male in order of primogeniture and with the perpetual exclusion of women and their descendants”. The King’s person was declared inviolable, and ministers had responsibility for his acts, as any act of the sovereign had to be countersigned by a minister, who then became responsible for it.
Although the constitution was undoubtedly democratic and modern, it also contained imperfections in the functioning of state institutions, for instance the fact that the King named the president of the Council of Ministers, who then organised elections. Thus the erosion of democracy was made possible because the government acted so as to ensure that its party won a majority in the legislature. In a well-functioning democracy, a government represents the will of parliament and not vice-versa, as generally happened in the interwar period
Interwar period
Interwar period can refer to any period between two wars. The Interbellum is understood to be the period between the end of the Great War or First World War and the beginning of the Second World War in Europe....
.
The 1923 Constitution was abrogated when its February 1938 successor
1938 Constitution of Romania
The 1938 Constitution of Romania was the fundamental law that established the authoritarian monarchic regime of King Carol II. It was drafted by a university professor, Istrate Micescu, based on suggestions given by the king, and made public on February 20, 1938. Four days later, voters were...
came into force. It was then partly revived after the King Michael Coup of August 23, 1944 and definitively abrogated when Romania became a republic on December 30, 1947. During this latter period, in July 1946, the only significant modification to the document was made.