Constitution Making and Changing: The Evolution of the Constitutional Court of Romania
摘要
This entry discusses two major issues: (i) the birth of the Romanian Constitutional Court during the constitutional making process in 1990–1991 and (ii) the changes brought to the Constitutional Court during the constitutional revision process in 2003. The hypothesis is that the Romanian Constitutional Court became a truly strong and active Court only after the 2003 constitutional revision. This prominent role of the Court was not influenced only by the ever-changing political contexts, political sensibilities, or ideological beliefs of the justices. The Court’s active use of its prerogatives is also rooted in the original intention (yet not final decision) of the constitutional drafters to create a strong Court. The constitution making process in 1990/1991 has brought a new constitutional authority, with tempered prerogatives but with a major institutional objective, while the constitutional revision in 2003 has significantly boosted its role and attributions so to fit its original institutional objective.