Conţinutul numărului revistei |
Articolul precedent |
Articolul urmator |
874 6 |
Ultima descărcare din IBN: 2023-05-29 21:19 |
SM ISO690:2012 ENACHE, M.. Perspectiva unei noi modificări a constituţiei româniei propuse prin proiectul de revizuire iniţiat în anul 2011
. In: Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale, 2011, nr. 3, pp. 67-79. ISSN 1857-1999. |
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Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale | ||||||
Numărul 3 / 2011 / ISSN 1857-1999 /ISSNe 2345-1963 | ||||||
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Pag. 67-79 | ||||||
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The initiative of revision of the Constitution can belong to public authorities or political group which can estimate the maintenance of those positions of the Constitution which the society needs. As a rule, the elaboration of Constitution can be made by individual constitutional body, but its examination by constituent constitutional body.
The existence of individual constitutional authority means the necessity of adoption of the new Constitution. The bodies of the constituent authority are intended for intervention in the course of revision of the constitution every time when social, economic and political events demand such an intervention. In both cases the initiative of revision of the constitution belongs to various state structures.
In some states, the initiative of elaboration of the new Constitution is a prerogative of the constituent assembly or state structure which prevailed in the course of opposition of political forces, has confirmed its superiority in social actions which have generated the requirement for adoption of the new Constitution. If the Constituent assembly is derivative than the initiative of revision of the Constitution belongs to the parliament, to a certain number of deputies, to the President, to the Government and other public authorities.
The execution of the initiative of Constitution revision is carried out in the different states in various forms, no less than procedure of its adoption.
In Romania, the initiative of revision of the Constitution, in accordance with art. 150 of the Organic law, belongs to the President, under the government offer, at least a quarter of number of deputies or senators or, at least 500. 000 citizens who have the right to vote. The last should proceed from at least half of districts and in each of them, including in Bucharest, should be registered not less than 20. 000 signatures in support of the initiative to revise the constitution, which these citizens support.
In the course of revision of the Constitution, changing of its text, we can meet the operations on addition of its texts or introductions of new articles, points or other parts which can define the content of the Organic law. From the point of view of the doctrine, these events not always have contradictory character and, as a rule, don't enter into process of revision of the Constitution. Actually, addition of the Organic law means not only usual practice of the constituent assemblies as these bodies have tendencies to promote improvement of the existing text of the Constitution. Besides, bodies which are in powered to revise Constitution, can bring new texts (articles, points etc.) in order to finish initial contents of the constitutional text in accordance with the requirements of modern economic, social and political life of a society. |
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