Poate fi protejată democraţia prin constituţie?

dr. MARIUS BĂLAN*

^* e-mail: balan@aic.ro

Conf. univ. - Universitatea "Alexandru Ioan Cuza" din Iaşi

ABSTRACT

The political and constitutional crisis of December 2024 has drawn unwanted attention to Romania. A potentially authoritarian and anti-democratic shift was prevented by means that are highly questionable from the perspective of the rule of law and democracy itself. In the logic of "militant democracy" preventing an electoral outcome that is dangerous to the constitutional order can sometimes include measures that are controversial and questionable from the perspective of classical constitutionalism. However, it is preferable that the adoption of such measures be openly assumed by the executive branch and not left to a constitutional court, putting it in a position to reinterpret or even ignore or misinterpret the fundamental law.

From the painful experience of the 2024 crisis, some specific conclusions can be drawn regarding possible...