1948 Constitution of Romania
Encyclopedia
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
(MAN) on April 13, 1948, being published in Monitorul Oficial
the same day. The Romanian People’s Republic was defined as a “unitary and sovereign people’s state” that “came into being through a struggle led by the people, the working class at their head, against fascism, reaction and imperialism”.
It proclaimed the principle of the sovereignty of the people, who “exercises its power through representative organs, elected by universal, equal, direct and secret vote”. In reality, because a single party (the Romanian Workers’ Party
) controlled all the levers of power, this principle was never put into practice. In a first for a constitutional act in Romania, provisions were introduced dealing with the socio-economic structure of society, indicating the existence of three categories of property: state-owned (“as goods of the entire citizenry”), cooperative and private. The superior nature of state-owned property was spelled out, as was the duty of each citizen to help expand its scope. In order to provide a constitutional basis for the waves of nationaliation
that were to come, it was provided that “when the general interest demands it, the means of production, banks and insurance societies, which are the private property of physical or juridical persons, may become State property, that is a public good, under conditions provided by law”. The state was to defend “working people” against “exploitation” and to raise their standard of living
. The principle of guiding and planning the national economy was introduced, while domestic and foreign trade was regulated and controlled by the state.
Regarding rights and freedoms, equality before the law was guaranteed for all citizens, who were also assured the right to vote and be elected, and to work and rest. Minorities
were allowed to use their languages in education, and freedom of conscience and of religion were provided for within the framework of state-recognised religions, so long as these did not violate “public security and good morals”. Freedom of the press, of speech and of assembly and association were also included. In reality, all the rights proclaimed by the constitution were systematically and severely violated in the first years of the Communist regime, when repression unprecedented in Romanian history began. The MAN became the supreme organ of state power, “elected” for a four-year term. Executive power was exercised by a government, answerable for its activities before the MAN and the MAN Presidium. The local organs of state power were the Popular Councils, also elected for four years. As for judicial power, people’s associate judges (asesori populari) were granted the right to sit in judgment. The subordination of the judicial system to the Communist authorities was provided for, inter alia, by granting the prosecutor’s office the role of punishing “crimes against the democratic order and liberty, the economic interests, the national independence and the sovereignty of the Romanian State”. The 1948 Constitution, which contained 105 articles in 10 titles, was amended once, in March 1952, and abrogated on September 24, 1952, when a new constitution
came into force.
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 first adopted after the establishment of the Communist regime
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...
, which it enshrined into law. It was modelled on the 1936 Soviet Constitution
1936 Soviet Constitution
The 1936 Soviet constitution, adopted on December 5, 1936, and also known as the "Stalin" constitution, redesigned the government of the Soviet Union.- Basic provisions :...
and adopted by the Great National Assembly
Great National Assembly
The Great National Assembly was the legislature of the Romanian People's Republic and the Socialist Republic Romania. When Communism was overthrown in Romania in December 1989, the National Assembly was replaced by a bicameral parliament, made up of the Chamber of Deputies and the Senate.The Great...
(MAN) on April 13, 1948, being 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 same day. The Romanian People’s Republic was defined as a “unitary and sovereign people’s state” that “came into being through a struggle led by the people, the working class at their head, against fascism, reaction and imperialism”.
It proclaimed the principle of the sovereignty of the people, who “exercises its power through representative organs, elected by universal, equal, direct and secret vote”. In reality, because a single party (the Romanian Workers’ Party
Romanian Communist Party
The Romanian Communist Party was a communist political party in Romania. Successor to the Bolshevik wing of the Socialist Party of Romania, it gave ideological endorsement to communist revolution and the disestablishment of Greater Romania. The PCR was a minor and illegal grouping for much of the...
) controlled all the levers of power, this principle was never put into practice. In a first for a constitutional act in Romania, provisions were introduced dealing with the socio-economic structure of society, indicating the existence of three categories of property: state-owned (“as goods of the entire citizenry”), cooperative and private. The superior nature of state-owned property was spelled out, as was the duty of each citizen to help expand its scope. In order to provide a constitutional basis for the waves of nationaliation
Nationalization in Romania
The nationalization of the means of production was a measure taken by Romania’s new Communist authorities in order to lay the foundation of socialism. The act that allowed this measure to take place was Law 119, adopted by the Great National Assembly on June 11, 1948...
that were to come, it was provided that “when the general interest demands it, the means of production, banks and insurance societies, which are the private property of physical or juridical persons, may become State property, that is a public good, under conditions provided by law”. The state was to defend “working people” against “exploitation” and to raise their standard of living
Standard of living
Standard of living is generally measured by standards such as real income per person and poverty rate. Other measures such as access and quality of health care, income growth inequality and educational standards are also used. Examples are access to certain goods , or measures of health such as...
. The principle of guiding and planning the national economy was introduced, while domestic and foreign trade was regulated and controlled by the state.
Regarding rights and freedoms, equality before the law was guaranteed for all citizens, who were also assured the right to vote and be elected, and to work and rest. Minorities
Minorities of Romania
Officially, 10.5% of Romania's population is represented by minorities . The principal minorities in Romania are Hungarians and Roma people, with a declining German population and smaller numbers of Poles in Bucovina...
were allowed to use their languages in education, and freedom of conscience and of religion were provided for within the framework of state-recognised religions, so long as these did not violate “public security and good morals”. Freedom of the press, of speech and of assembly and association were also included. In reality, all the rights proclaimed by the constitution were systematically and severely violated in the first years of the Communist regime, when repression unprecedented in Romanian history began. The MAN became the supreme organ of state power, “elected” for a four-year term. Executive power was exercised by a government, answerable for its activities before the MAN and the MAN Presidium. The local organs of state power were the Popular Councils, also elected for four years. As for judicial power, people’s associate judges (asesori populari) were granted the right to sit in judgment. The subordination of the judicial system to the Communist authorities was provided for, inter alia, by granting the prosecutor’s office the role of punishing “crimes against the democratic order and liberty, the economic interests, the national independence and the sovereignty of the Romanian State”. The 1948 Constitution, which contained 105 articles in 10 titles, was amended once, in March 1952, and abrogated on September 24, 1952, when a new constitution
1952 Constitution of Romania
The 1952 Constitution of Romania, also called the "constitution of building socialism", expressed the consolidation of Communist power, featuring greater ideological content than its 1948 predecessor. A draft was written by a commission elected by the Great National Assembly on March 27, 1952 and...
came into force.