Constitutional project for architects from the early 1990s, inspirational authors represent a liberal reading of exotic, if not eretica. "Specialists" who drafted the constitutional text is intellectual and professional formasera in a world where truth and justice were subordinated to the will of the party, which is manifested depending on the opportunities and needs of the moment. Transformed into an institution just as trivial as any other, legitimate justice an ideologico-social fiction what camouflage they please and the interests of the political elite before 1989.
Justice was his field "as if", starting from the "reality" that a country's Constitution establishing itself. Everyone was aware that the Law fundamenatala was nothing more than a fiction, a construct intended to create the impression of legal reference and normalitatii. This reiesea obviously blatant that existed from the contradictions between the constitutional text and the way in which it does not apply.
Elite policy installed in the early months of 1990 i used plenty of those lawyers who cautionasera or contribuisera with zeal in making and sustaining practices "old regime" and now were called to rewrite the fundamental Law of the country. In this way, the new Constitution would remain in the area of fiction.
Accustomed to the practice of counterfeit reality constantly asserted by the ideological discourse, ' eminentii ' lawyers have begun restoring the façade fresh regime enthroned. Thus, concepts such as "democracy", "right", "freedom", "human dignity", or "rule of law" (2003) were intended to give constitutional legitimacy to the new formulas of power "emanating" from the revolutionary events, without, however, that they are subsequently strengthened political and social practice. Just as in the case of other notions of political vocabulary, they may not gain substance just by mere mention stock record or declarative, but need a permanent institutional support-factuala. Possessing a precarious political culture, most of the audience was able to acquire only through approximation of the real meaning of such concepts, which failed to become a real stake, but have been kept in the discursive content labels area uncertain.
Apparent normalitatii was strengthened by imposing a specific institutional democratic regimes. In reality, however, by establishing the competencies and the manner of functioning of the new institutions, the levers of power and decision were maintained at the top of the political pyramid, usually outside institutional formula. Equivoque institutional uncertainty and have served as a premise for the political class representatives to impose arbitrary will.
Until the revision of the Constitution in 2003, both houses of Parliament were equal in the decision-making sphere, often leading to legislative deadlock. At present, there is a sharing between the two Chambers depending on the matter, but the slowness and bureaucratic dysfunction are keep, affecting the legislative process. Also, the political regime established by the Constitution is quite uncertain, most likely being a parliamentary regime with elements of semiprezidential scheme, which led to the manifestation bicefalismului Executive. The process of lawmaking was itself taken over in good measure by the Government, through the practice of issuing emergency Ordinances, given that Parliament, and the power of the Court go through lack of adequate leverage to achieve truly effective control over the Government.
All these problems are girate Constitutional Court, meant to guarantee the preservation of the "spirit" that form the basis of all this confusion generated by current law baseline. More recently, the Court has become an important player in the process of solving the conflicts of this nature, manifesting and sometimes even competence outside legitimate space.
Institutional ambiguity, statuata through the constitutional text, opened along the time path of abuse and asset, generating forms of power were manifestatat outside the control and censorship of public institutions. Poor institutional arrangement has limited the scope of manifestation of freedom, making constitutional guarantees simple texts which could be subject to negotiation and decision-making arbitrariului. All these, however, were not the fruit of chance or of professional suficientei, but a watched, meant to facilitate the expression of power through informal arrangements behind the scenes.
Tailored to serve you state political leaders at the beginning of the 1990s and their vision concerned about society, the present Constitution must be replaced with a new, completely rewritten, to have based on the principles of liberal social contract and of the civic nation. Getting out from under the spectrum of fiction cannot have as its premise than intellectual honesty, impartiality and political reference permanently from the liberal spirit of constitutional doctrine.