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The principles of the Romanian Constitution

There are varied definitions of the term constitution, but the

majority of those used by compared law starts from the

premises that a constitution refers to the limitation of theexecutive power".

The Romanian doctrine prefers to dene theconstitution in a formal way and does not featurethe limitation of the power, but the exertion of it,

therefore, according to the doctrine, theconstitution is dened as a political-judicial actadopted to establish the way the powers of thestate are organized and exerted and the relationsbetween them. In broad terms, according to the doctrine,constitution was dened as the fundamental,judicial and political ground which regulates the

basic social relations in the process of installing,organizing and exercising the political power as astate power, establishing the political andsocioeconomic structures, as well as the citizensfundamental rights and duties, drawing theessential paths of the future e!olution of thesociety.Therefore, to approach the constitution as aguiding institution has conceptual ad!antages,speeding, on one hand, the institutionaladjustment, and especially highlighting theconstituti!e basic role of the principle of legality,on the other hand.

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Romania is a sovereign, independent, unitary and indivisibleational !tate, the form of government of the Romanian !tate

is a Republic.

Romania is a democratic and social state, governed by the rule

of law, in which human dignity, the citiens# rights and

freedoms, the free development of human personality, justice

and political pluralism represent supreme values, in the spiritof the democratic traditions of the Romanian people and the

ideals of the Revolution of $ecember %&'&, and shall beguaranteed. The !tate shall be organied based on the principle

of the separation and balance of powers (legislative, executive,

and judicial ( within the framewor) of constitutionaldemocracy, in Romania, the observance of the *onstitution, its

supremacy and the laws shall be mandatory.

The national sovereignty shall reside within the Romanian

people, that shall exercise it by means of their representative

bodies, resulting from free, periodical and fair elections, as

well as by referendum.

The territory of Romania is inalienable, the frontiers of the

country are sanctioned by an organic law, with the observanceof the principles and other generally recognied regulations ofinternational law. Romania is the common and indivisible

homeland of all its citiens, without any discrimination onaccount of race, nationality, ethnic origin, language, religion,

sex, opinion, political adherence, property or social origin.

The protection measures ta)en by the Romanian !tate for the

preservation, development and expression of identity of the

persons belonging to national minorities shall conform to theprinciples of e+uality and non(discrimination in relation to the

other Romanian citiens.

Romania fosters and develops peaceful relations with all the

states, and, in this context, good neighbourly relations, based

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on the principles and other generally recognied provisions of

international law.