1866 Constitution of Romania
Encyclopedia
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 modified by Prince (later King) Carol
and adopted by the Constituent Assembly. The newly-installed Prince then promulgated it on July 1; this was done without input from the major powers, including the Ottoman Empire
, which still had formal sovereignty over Romania.
The document proclaimed constitutional monarchy
as the form of government, on the basis of separation of powers
and on the principle of national sovereignty
. Legislative power was exercised by the Prince and Parliament (composed of an Assembly of Deputies and a Senate), while executive power was entrusted to the Prince, who exercised it through his ministers. The political regime was liberal but not democratic; elections were held with a limited franchise (voters, all men, were divided into four colleges based on their wealth and social origins). The Prince's constitutional powers were hereditary, "from male to male through primogeniture and perpetually excluding women and their descendants". His person was proclaimed "inviolable"; his acts were valid only if countersigned by a minister, who then became answerable for the act in question. The Prince was the head of the army, he named and dismissed ministers, sanctioned and promulgated laws, named and confirmed men to all public functions, signed treaties and conventions on commerce and navigation with foreign countries, had the right to grant political amnesty, to pardon criminals or reduce their sentences, to confer military ranks and decorations, to coin money. At the same time, he opened and closed sessions of Parliament, which he could convoke in emergency session and which he could dissolve. Citizens' rights and freedoms were of the most modern vintage: enshrined in the document were the freedom of conscience, of the press, of assembly, of religion; equality before the law, regardless of class; individual liberty; inviolability of the home. Capital punishment was abolished in peacetime, while property was considered sacred and inviolable. The Romanian Orthodox Church
was accorded superior status ("the dominant religion of the Romanian state"), while article 7 provided that non-Christians could not become citizens (which chiefly affected Jews
).
In 1879, under Western pressure, article 7 was ostensibly diluted but in fact it remained nearly impossible for Jews to gain citizenship. In 1884, the number of electoral colleges was reduced to three, thus expanding the franchise. In 1917, the Constitution underwent two major modifications in order to fulfil promised made to the soldiers then fighting World War I
: the college-based electoral system was abolished, and the right to property weakened so that land reform
could be carried out. It remained in effect until 1923, when a new constitution
came into effect.
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...
was the fundamental law that capped a period of nation-building in the Danubian Principalities
Danubian Principalities
Danubian Principalities was a conventional name given to the Principalities of Moldavia and Wallachia, which emerged in the early 14th century. The term was coined in the Habsburg Monarchy after the Treaty of Küçük Kaynarca in order to designate an area on the lower Danube with a common...
, which had united in 1859. Drafted in a short time and using as its model the 1831 Constitution of Belgium
Constitution of Belgium
The Constitution of Belgium dates back to 1831. Since then Belgium has been a parliamentary monarchy that applies the principles of ministerial responsibility for the government policy and the Trias Politica. The Constitution established Belgium as a centralised unitary state...
, then considered Europe's most liberal, it was substantially modified by Prince (later King) Carol
Carol I of Romania
Carol I , born Prince Karl of Hohenzollern-Sigmaringen was reigning prince and then King of Romania from 1866 to 1914. He was elected prince of Romania on 20 April 1866 following the overthrow of Alexandru Ioan Cuza by a palace coup...
and adopted by the Constituent Assembly. The newly-installed Prince then promulgated it on July 1; this was done without input from the major powers, including the Ottoman Empire
Ottoman Empire
The Ottoman EmpireIt was usually referred to as the "Ottoman Empire", the "Turkish Empire", the "Ottoman Caliphate" or more commonly "Turkey" by its contemporaries...
, which still had formal sovereignty over Romania.
The document proclaimed constitutional monarchy
Constitutional monarchy
Constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified or blended constitution...
as the form of government, on the basis of separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
and on the principle of national sovereignty
National sovereignty
National sovereignty is the doctrine that sovereignty belongs to and derives from the nation, an abstract entity normally linked to a physical territory and its past, present, and future citizens. It is an ideological concept or doctrine derived from liberal political theory...
. Legislative power was exercised by the Prince and Parliament (composed of an Assembly of Deputies and a Senate), while executive power was entrusted to the Prince, who exercised it through his ministers. The political regime was liberal but not democratic; elections were held with a limited franchise (voters, all men, were divided into four colleges based on their wealth and social origins). The Prince's constitutional powers were hereditary, "from male to male through primogeniture and perpetually excluding women and their descendants". His person was proclaimed "inviolable"; his acts were valid only if countersigned by a minister, who then became answerable for the act in question. The Prince was the head of the army, he named and dismissed ministers, sanctioned and promulgated laws, named and confirmed men to all public functions, signed treaties and conventions on commerce and navigation with foreign countries, had the right to grant political amnesty, to pardon criminals or reduce their sentences, to confer military ranks and decorations, to coin money. At the same time, he opened and closed sessions of Parliament, which he could convoke in emergency session and which he could dissolve. Citizens' rights and freedoms were of the most modern vintage: enshrined in the document were the freedom of conscience, of the press, of assembly, of religion; equality before the law, regardless of class; individual liberty; inviolability of the home. Capital punishment was abolished in peacetime, while property was considered sacred and inviolable. 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...
was accorded superior status ("the dominant religion of the Romanian state"), while article 7 provided that non-Christians could not become citizens (which chiefly affected Jews
History of the Jews in Romania
The history of Jews in Romania concerns the Jews of Romania and of Romanian origins, from their first mention on what is nowadays Romanian territory....
).
In 1879, under Western pressure, article 7 was ostensibly diluted but in fact it remained nearly impossible for Jews to gain citizenship. In 1884, the number of electoral colleges was reduced to three, thus expanding the franchise. In 1917, the Constitution underwent two major modifications in order to fulfil promised made to the soldiers then fighting World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
: the college-based electoral system was abolished, and the right to property weakened so that land reform
Land reform in Romania
Four major land reforms have taken place in Romania: in 1864, 1921, 1945 and 1991. The first sought to undo the feudal structure that had persisted after the unification of the Danubian Principalities in 1859; the second, more drastic reform, tried to resolve lingering peasant discontent and create...
could be carried out. It remained in effect until 1923, when a new constitution
1923 Constitution of Romania
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...
came into effect.