Revizuirea Constituţiei prin referendum în tranziţia democratică

Abstract

The actuality: This study is dedicated to the mechanism of constitution review through referendum in the comparative law and methods through which this process can be applied, and the intensity of citizens' participation in this democratic exercise. Objective: While analyzing the constitutional referendum in the European boarder as well as in the other states in the world, we realized that this mechanism had a different evolution and application depending on the degree of state democratization and the actual abolition of totalitarian regimes. Thus, this theme aims at highlighting all the defining features of the referendum on constitutional review during this period. Research methods: discussed are focused on appearance of intensive research, aimed at deepening an in-depth study on the referendum essence as well, as on a systemic investigation, highlighting the legal nature and importance of constitution alreview within a rule of law. The results: obtained being systematized consist in the existence of a legal order applicable to this democratic exercise which must be exercised within certain constitutional limits and correspond to the internationally recognized international principles. JEL: K10, K33