The 1866
Constitution of Romania
The current Constitution of Romania is the seventh permanent constitution in modern Romania's history. It is the fundamental governing document of Romania that establishes the structure of its government, the rights and obligations of citizens, ...
was the fundamental law that capped a period of nation-building in the
Danubian Principalities
The Danubian Principalities ( ro, Principatele Dunărene, sr, Дунавске кнежевине, translit=Dunavske kneževine) was a conventional name given to the Principalities of Moldavia and Wallachia, which emerged in the early 14th ce ...
, which had united in 1859. Drafted in a short time and closely modeled on the
1831 Constitution of Belgium, then considered Europe's most liberal, it was substantially modified by
Prince
A prince is a male ruler (ranked below a king, grand prince, and grand duke) or a male member of a monarch's or former monarch's family. ''Prince'' is also a title of nobility (often highest), often hereditary, in some European states. Th ...
(later King)
Carol and adopted by the Constituent Assembly. The newly installed Prince then promulgated it on . This was done without input from the major powers, including the
Ottoman Empire
The Ottoman Empire, * ; is an archaic version. The definite article forms and were synonymous * and el, Оθωμανική Αυτοκρατορία, Othōmanikē Avtokratoria, label=none * info page on book at Martin Luther University) ...
, which still had formal sovereignty over Romania.
Outline
The document proclaimed Romania a
constitutional monarchy
A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies dif ...
. Like its Belgian counterpart, it was bourgeois-liberal in character, declaring that the government was organised on the basis of
separation of powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
and on the principle of
national sovereignty
Westphalian sovereignty, or state sovereignty, is a principle in international law that each state has exclusive sovereignty over its territory. The principle underlies the modern international system of sovereign states and is enshrined in the Un ...
. The throne was a hereditary office of the male descendants of Carol, "
perpetually excluding women and their descendants." The Prince's person was proclaimed "inviolable." He was the head of the army, named and dismissed ministers, sanctioned and promulgated laws, named and confirmed men to all public functions, and signed treaties and conventions on commerce and navigation with foreign countries. He had the right to grant political amnesty, to pardon criminals or reduce their sentences, to confer military ranks and decorations, and coin money. At the same time, he opened and closed sessions of Parliament, which he could convoke in emergency session and which he could dissolve.
Legislative power was exercised by the Prince and Parliament (composed of an Assembly of Deputies and a Senate). Following the Belgian model, executive power was entrusted to the Prince, but he was not responsible for exercising it. Rather, the Prince exercised his powers through the ministers; his acts were only valid if countersigned by a minister, who then became politically responsible for the act in question. The political regime was liberal but not democratic; elections were held with a limited franchise; voters, all men, were divided into four colleges based on their wealth and social origins.
Citizens' rights and freedoms were of the most modern vintage: enshrined in the document were the freedom of conscience, of the press, of assembly, of religion; equality before the law, regardless of class; individual liberty; inviolability of the home. Capital punishment was abolished in peacetime, while property was considered sacred and inviolable. The
Romanian Orthodox Church
The Romanian Orthodox Church (ROC; ro, Biserica Ortodoxă Română, ), or Patriarchate of Romania, is an autocephalous Eastern Orthodox church in full communion with other Eastern Orthodox Christian denomination, Christian churches, and one of ...
was accorded superior status ("the dominant religion of the Romanian state"), while article 7 provided that non-Christians could not become citizens (which chiefly affected
Jews
Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
). The Constitution also did little to advance the position of women.
[.]
In 1879, under Western pressure, article 7 was ostensibly diluted but in fact it remained nearly impossible for Jews to gain citizenship. In 1881, the constitution was amended to proclaim Romania a kingdom, and the word "prince" was replaced by the word "king." In 1884, the number of electoral colleges was reduced to three, thus expanding the franchise. In 1917, the Constitution underwent two major modifications in order to fulfill promised made to the soldiers then fighting
World War I
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
: the college-based electoral system was abolished, and the
right to property
The right to property, or the right to own property (cf. ownership) is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically h ...
weakened so that
land reform
Land reform is a form of agrarian reform involving the changing of laws, regulations, or customs regarding land ownership. Land reform may consist of a government-initiated or government-backed property redistribution, generally of agricultural ...
could be carried out. It remained in effect until it was replaced by the
1923 Constitution.
Elections
Although every adult male could vote, the value of their vote was strongly tilted towards the wealthiest.
[Eidelberg, p. 15]
As of 1909, the Chamber of Deputies was divided into three colleges, based on incomes and wealth:
* College I (comprising 41% of the deputies) was elected directly by 1.5% of the voters, property owners who had incomes of at least 1200 lei
* College II (comprising 38% of the deputies) was elected directly by 3.5% of the voters, city dwellers and professionals paying an annual tax of at least 20 lei
* College III (comprising 21% of the deputies) was elected directly by 4% of the voters, literate rural property owners who had incomes between 300 and 1200 lei, as well as teachers and priests
* in the College III, also voted indirectly the rest of 91% of the voters, through delegates who represented 50 voters.
The Senate gave even more power to the large property owners, while 98% of the voters were not represented at all:
* College I (comprising 55% of the senators) was elected by 1% of the voters, who had incomes of at least 2000 lei or were high-level functionaries or held advanced degrees and had a certain number of professional employment.
* College II (comprising 45% of the senators) was elected by another 1% of the voters, who had incomes of at between 800 and 2000 lei or held advanced degrees or were professionals.
[Eidelberg, p. 16]
Notes
Bibliography
*
*
* Stoica, Stan, coordinator, (2007). ''Dicţionar de Istorie a României'', p. 88–9. Bucharest: Editura Merona.
External links
Text of the constitution
{{DEFAULTSORT:1866 Constitution Of Romania
Constitutions of Romania
Romania
Romania ( ; ro, România ) is a country located at the crossroads of Central Europe, Central, Eastern Europe, Eastern, and Southeast Europe, Southeastern Europe. It borders Bulgaria to the south, Ukraine to the north, Hungary to the west, S ...
1866 in law
July 1866 events
1866 in Romania
1866 in politics