1938 Constitution of Romania
Encyclopedia
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 obliged to vote verbally (“yes” or “no”) on the charter before an election bureau. Of 4,303,064 who voted, 4,297,581 approved and the remainder (0.13%) voted against. The constitution was promulgated on February 27 and published in Monitorul Oficial
the next day. Through its eight titles and 100 articles, the document enshrined the principle of the King’s supremacy, doing away with the separation of powers
in the state and a series of civic rights and freedoms. The King exercised legislative power through a corporatist
bicameral Parliament and executive power through a government that he named and dismissed without parliamentary involvement. The Assembly of Deputies was to be elected every six years and composed of members of the following professional categories: agriculture and manual labour; industry and commerce; intellectual occupations. Deputies were elected in single-member districts, by secret and compulsory ballot; districts were drawn so as to assure adequate representation based on voters’ professions. The Senate was composed of members appointed by the King, members by right and members elected in single districts (in the same manner as Assembly members). The proportion of appointed and elected members was equal, while senators by right had to meet the same conditions as set out in the 1923 Constitution
. Appointed and elected senators had nine-year terms, while one-third of senators’ terms were renewed every three years.
King Carol suspended the constitution on September 5, 1940 and parliament was dissolved. Through a decree signed that day, titled “For the investment with full powers of the president of the Council of Ministers and the restriction of royal prerogatives”, the king transferred the power of leading the authoritarian state to General Ion Antonescu
, who did not convene a parliament and ruled the country by decree until he was ousted on August 23, 1944. After this date, a constitutional and transitional regime was established until a Constituent Assembly
could meet to draft a new constitution, until which time the provisions of the 1866
and 1923 constitutions were applied. On July 15, 1946, the Petru Groza
government issued a decree that bore a constitutional character; this document established a unicameral system (the Assembly of Deputies) and granted the right to vote to all citizens over 21, including women. On December 30, 1947, after King Michael
’s abdication, Parliament adopted a constitutional law that proclaimed the Romanian People’s Republic
and abrogated “the Constitution of 1866 as modified on 29 March 1923 and 1 September 1944”. Until the 1948 Constitution
was adopted, legislative power was in the hands of the Assembly of Deputies that met following the 1946 elections
, while the executive was composed of a five-member presidium elected by the Assembly: Constantin Ion Parhon
, Mihail Sadoveanu
, Ştefan Voitec
, Ion Niculi
and Gheorghe Stere.
National Renaissance Front
The National Renaissance Front was a fascist Romanian political party created by King Carol II in 1938 as the single monopoly party of government following his decision to ban all other political parties and suspend the 1923 Constitution, and the passing of the 1938 Constitution of Romania...
of King Carol II
Carol II of Romania
Carol II reigned as King of Romania from 8 June 1930 until 6 September 1940. Eldest son of Ferdinand, King of Romania, and his wife, Queen Marie, a daughter of Prince Alfred, Duke of Edinburgh, the second eldest son of Queen Victoria...
. It was drafted by a university professor, Istrate Micescu
Istrate Micescu
Istrate Micescu was a Romanian lawyer and Law and Political Science professor at the University of Law in Bucharest and politician who served as the Minister of Foreign Affairs of Romania...
, based on suggestions given by the king, and made public on February 20, 1938. Four days later, voters were obliged to vote verbally (“yes” or “no”) on the charter before an election bureau. Of 4,303,064 who voted, 4,297,581 approved and the remainder (0.13%) voted against. The constitution was promulgated on February 27 and 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:...
the next day. Through its eight titles and 100 articles, the document enshrined the principle of the King’s supremacy, doing away with the 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...
in the state and a series of civic rights and freedoms. The King exercised legislative power through a corporatist
Corporatism
Corporatism, also known as corporativism, is a system of economic, political, or social organization that involves association of the people of society into corporate groups, such as agricultural, business, ethnic, labor, military, patronage, or scientific affiliations, on the basis of common...
bicameral Parliament and executive power through a government that he named and dismissed without parliamentary involvement. The Assembly of Deputies was to be elected every six years and composed of members of the following professional categories: agriculture and manual labour; industry and commerce; intellectual occupations. Deputies were elected in single-member districts, by secret and compulsory ballot; districts were drawn so as to assure adequate representation based on voters’ professions. The Senate was composed of members appointed by the King, members by right and members elected in single districts (in the same manner as Assembly members). The proportion of appointed and elected members was equal, while senators by right had to meet the same conditions as set out in the 1923 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...
. Appointed and elected senators had nine-year terms, while one-third of senators’ terms were renewed every three years.
King Carol suspended the constitution on September 5, 1940 and parliament was dissolved. Through a decree signed that day, titled “For the investment with full powers of the president of the Council of Ministers and the restriction of royal prerogatives”, the king transferred the power of leading the authoritarian state to General Ion Antonescu
Ion Antonescu
Ion Victor Antonescu was a Romanian soldier, authoritarian politician and convicted war criminal. The Prime Minister and Conducător during most of World War II, he presided over two successive wartime dictatorships...
, who did not convene a parliament and ruled the country by decree until he was ousted on August 23, 1944. After this date, a constitutional and transitional regime was established until a Constituent Assembly
Constituent assembly
A constituent assembly is a body composed for the purpose of drafting or adopting a constitution...
could meet to draft a new constitution, until which time the provisions of the 1866
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...
and 1923 constitutions were applied. On July 15, 1946, the Petru Groza
Petru Groza
Petru Groza was a Romanian politician, best known as the Prime Minister of the first Communist Party-dominated governments under Soviet occupation during the early stages of the Communist regime in Romania....
government issued a decree that bore a constitutional character; this document established a unicameral system (the Assembly of Deputies) and granted the right to vote to all citizens over 21, including women. On December 30, 1947, after King Michael
Michael I of Romania
Michael was the last King of Romania. He reigned from 20 July 1927 to 8 June 1930, and again from 6 September 1940 until 30 December 1947 when he was forced, by the Communist Party of Romania , to abdicate to the Soviet armies of occupation...
’s abdication, Parliament adopted a constitutional law that proclaimed the Romanian People’s Republic
Communist Romania
Communist Romania was the period in Romanian history when that country was a Soviet-aligned communist state in the Eastern Bloc, with the dominant role of Romanian Communist Party enshrined in its successive constitutions...
and abrogated “the Constitution of 1866 as modified on 29 March 1923 and 1 September 1944”. Until the 1948 Constitution
1948 Constitution of Romania
The 1948 Constitution of Romania was the first adopted after the establishment of the Communist regime, which it enshrined into law. It was modelled on the 1936 Soviet Constitution and adopted by the Great National Assembly on April 13, 1948, being published in Monitorul Oficial the same day...
was adopted, legislative power was in the hands of the Assembly of Deputies that met following the 1946 elections
Romanian general election, 1946
The Romanian general election of 1946 was a general election held on November 19, 1946, in Romania. Officially, it was carried with 79.86% of the vote by the Romanian Communist Party , its allies inside the Bloc of Democratic Parties , and its associates — the Hungarian People's Union , the...
, while the executive was composed of a five-member presidium elected by the Assembly: Constantin Ion Parhon
Constantin Ion Parhon
Constantin Ion Parhon was a Romanian neuropsychiatrist, endocrinologist and politician. He was the President of the Provisional Presidium of the People's Republic of Romania from its proclamation on December 30, 1947 to April 13, 1948, and Chairman of the Presidium of the Great National Assembly...
, Mihail Sadoveanu
Mihail Sadoveanu
Mihail Sadoveanu was a Romanian novelist, short story writer, journalist and political figure, who twice served as acting republican head of state under the communist regime . One of the most prolific Romanian-language writers, he is remembered mostly for his historical and adventure novels, as...
, Ştefan Voitec
Stefan Voitec
Ştefan Voitec was a Romanian socialist and communist journalist, politician, and statesman of Communist Romania.-Biography:...
, Ion Niculi
Ion Niculi
Ion Niculi , Romanian communist politician, served as vice president of the Presidium of the Romanian People's Republic .-Underground activist:...
and Gheorghe Stere.