* Originally Published in revista 22.
What role does the EU Constitution? Just look at the moments when people remember it! A law allowed seems unfair. A decision of the Court, although the law applied in the right way, it seems unfair. People remember of the Constitution. It offers a way to operationaliza the idea that the law in question is right or unfair.
Abstract speaking, the Constitution exists wherever people interactions take place within institutions understood that rules. The State is irrelevant from this perspective. Whether the State is present, whether it is absent, it makes sense to talk about a Constitution.
Practically speaking, from the perspective of Romania, but we must have a text, a duty in writing the Constitution. fatally, in any text has its limits in relation to the ideal target of abstract perspective. More important, but rarely remembered it seems to me that it is about a text written in natural language.
Natural language makes the flexibility, in this case a Constitution by its count, not that the text as it stands, as well as his performance. "The spirit of the Constitution" is gradually evolved through laboriosul of labor interpretation. "interpretation" does not mean but here in budapesta activity. Clashes from public life are the ones that determine the "interpretation". She might be far from the intentions of those who have written the text of the Constitution.
What are the weaknesses of the Constitution of Romania? There is a dialectic and Paradox of the merits of the Romanian Constitution foibles. in her major weakness in 1991 was the date of manifest hostility towards the idea of separation of powers. Despite the intention of the authors of the Constitution, it was still at a "clash of the Palaces"-more smoldering in the last decade, more alive today. For a conflict he is aware a infocat disaster. For a lover of liberty is manna. Counterbalancing the powers that be is so busy to fight each other that laissez faire becomes the cat.
The great weakness of you but "the spirit of the Constitution". In the light of the spirit of this Constitution, the individual is suspect. In terms of religious freedom, the State is suspect.
What can be done to change the Constitution in the direction of freedom possibly individual? To put the State into the role of suspect service? Any change, either in the direction of strengthening etatismului or in the antietatista, stand under the sign of the danger gaunoase rhetoric.
Let's take the example of an institution as is that of property. The Constitution being written in a natural language, it's easy to give all kinds of meanings of terms. Property as a defense of the institution of freedom can be converted easily into a source of privileges, monopoly and exclusivenesses. One is the ownership of a particular garden. Other ownership idea. Not to let anyone enter someone's garden is abusive in a way to protect freedom. Give in "ownership" means the idea of garden to establish a monopoly. Nobody can make a garden if you don't pay the "owner" of the idea.
The rhetoric of gaunoasa occurs when the center of attention lies, vague and abstract metaphysical entities, such as morality or the beauty of the city. Now some thirty-forty years even haircut was a public concern. But today's clothing is put the idea of Misty decency.
What is the point, the individual is truly relevant. Boutiques at street corner have gone. Appeared a intr'un. Is it the result of free market processes? In the least bit. The boutiques have not bankrupt the market common, but on market policy. They have also received approval to operate. Can do to increase the Park in a way the beauty of the city, but it is clear that in this case the concern for aesthetics to collective entities which kill protection should benefit freedom of enterprise. It's a show, I think, more of the spirit of our Constitution, foibles than they text.
In conclusion, it is not devoid of significance changing text of the Constitution, but more important is the change in the direction of freedom, the spirit of the Constitution, given the interpretation process of Usman Shehu practice text.

