* Originally Published in revista 22 collection ' a Constitution for liberty III '
The economic crisis has frozen the constitutional debate in a moment where it looked like he had and avant. Technically speaking, the crisis offered an opportunity: the Elimination of massive regulations, subsidies, government programs. Decimate the number of agencies would be reduced at the expense of budget you maintain. These solutions have been detailed in our Conference in September about the failure of the asistential State in the face of the crisis.
But the Elimination of special rules mean eliminating privileges of influential actors or groups with the power to destabilize. It's not a novelty that the recommendations of the economic science are proven impracticable for political science. Following the language of Hayek's formulation of the effort of a Constitution is a conscious effort by the construction of a superstructuri to arrange for the application of the rules to which it has already come to a collective agreement, that is politic. This effort is himself a process of construction policy. The context of the crisis has disrupted previously established agreement and introduced a risk for President and the ruling party. They could not afford it at the same time a political front for structural reform and other emergencies management crisis. The fact that the cull was elected class pensioners, employees of the State, entrepreneurs and consumers instead of certain agencies or public programs tells us something about concrete strength relative to other groups who enjoy privileges enshrined in the set of special regulations. Finally, in says something about Romania.
The solution chosen is no more than temporary. Problems will continue to accumulate, and the need for constitutional reforms will become increasingly greater. The moment we have to find ready intellectually, because understanding the profound institutional and political phenomena by the civil society will be helpful. This is the meaning of the present authors in this effort, arrived at the third.
Despite the same crises that you change us, Hungary is going through a moment favorable constitutional reform. Marion Smith supports the constitutional debate in our neighbors ' ideas including elimination of being represented in a Union, freedom of education and a constitutional ceiling of public expenditure. In the best case, a high level of public expenditure we hire in a festival of subsidies in each winning once and losing several times (Emanuel Hili Sad).
Fundamental law must exercise primarily function to limit the exuberance with which democratic groups band legifereaza types of aid. The Romanian Constitution itself suffers from inflation. Recommend removal of Catharine r Constitution of rights likely to be ignored in political situations, predictable, along with constitutional privilege to restrict rights in situations "necessary in a democratic society". Otherwise, the result is devaluation level through his effective constitutional subordination to political debate. Laurentiu Gheorghe clarify the difference between the role of the Constitution and the role of State regulation. The role of a Constitution is not a "streamline state agencies activity". This would mean to simplify flow of orders generated by the group in power. What we are looking for is a balance of power between factions, so that rights and freedoms of members of the society should not be removed by order of factiunii placed in power. For this purpose, should be taken into account and type ostromian vertical separation of powers (Bobby King and Vlad Horia). The role of the Centre could be exclusive safeguarding the rights of individuals against abuses by local authorities, while local communities could produce and experiment with resource management policies.
The Elimination of the tax system of potlatch and the elements which restrict the electoral system would reduce and waste, and local barons power source, know today as clients and protect you from power at the Centre. The role of Parliament and he carefully delimited. Does enjoy the aura of a representative body of the Romanian nation, including Romanians from other bygone or future generations, or is it just a tool of the operational execution of citizens at a time?
In the first instance, should be clarified or legal status (Sadiki Cucerai). Ultimately, the perversion, electoral systems can prompt you to local-scale experiments with other mechanisms for the selection of the representatives vote. The draw would eliminate illegitimate transactions with citizens ' rights between politicians and special interest groups which it finances electoral campaigns (Tudor Galley). Transactions are legitimate and collective of unions and employers, sanctioned by the Constitution today under the name of ' social protection rights and strike ". They would inhibit economic activity and blocks in unemployment just disadvantaged. Labor law must be the same for all (Dwarf and David S. Moscovici). Constitutional law and analysis of specific ministerial responsibility shows how far we are from the ideal of a single general laws for all. You have simply given up on the idea of a special status of Governors face criminal code laws (Gabriela Dumitrescu). But who can effectively lead banner of these ideas? Today, not NGOs. "Guaranteeing" a right in the Constitution, followed by the opening of the possibility to restrict it by law, "" let the power of the State in fact neingradita to change the rules. Then, any group of interest will find less to pay directly to obtain a State privilege than to resort to indirect means of changing public opinion as well as an NGO. Ascendancy and power giant resources of the State utility is missing a genuine market of think tanks (Tudor Galley and Ike Domas).
Until the constitutional reform, we are trying through these collections and other activities of the CADÍ and the Foundation "Konrad Adenauer" Let us explain ourselves and others those principles whose breach has brought us in a situation that you consider institutional mechanisms and those regrettable that we keep here. After telling a colleague, "there are no shortcuts" in study and understanding. These things need to be studied and understood in their depths, because there are many ways in which we leave duped. We thank our partners for the excellent collaboration in what is inevitably a long-term project.
