TITLE

A COMPARISON BETWEEN THE MAGNA CHARTA LIBERTATUM AND THE FREEDOM CHARTA FROM BUCHAREST IN 1631 AND THE PROBLEM OF A POSSIBLE FOUNDING DOCUMENT OF THE ROMANIAN MODERN CONSTITUTIONALISM

AUTHOR(S)
STANESCU, Lucian Sorin
PUB. DATE
July 2013
SOURCE
USV Annals of Economics & Public Administration;2013, Vol. 13 Issue 2, p286
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The comparison between one of the most important documents of the universal constitutionalism, the Magna Charta Libertatum, and an autochthon feudal charta, the Freedom Charta from Bucharest in 1631, in what concerns the political and historical conditions which have led to their adoption, the claiming content of rights and their solemn shape, their juridical nature, has shown us conclusions regarding the different causes for evolution of the two documents. Broadly, the different political roles of the Statutes Assemblies which generated the adoption of the beforementioned documents and the specific traits of the two law systems from which they come, are responsible for their reception in public law. Although from the perspective of its content, the Freedom Charta from Bucharest in 1631 includes regulations with the same constitutional potential as the Magna Charta Libertatum, it has not been able to project itself in the juridical conscience of the Romanians. In this framework, the article is a first attempt to explain why the Romanian constitutionalism does not have a founding document or why does our constitutional tradition not claim itself from such a source.
ACCESSION #
94733321

 

Related Articles

  • Magna Carta: English Roots of American Liberty. BONDI, CARRIE-ANN // Objective Standard: A Journal of Culture & Politics;Fall2015, Vol. 10 Issue 3, p75 

    The article focuses on the Magna Carta, the Great Charter signed by the late King John of England on June 15, 1215, its contribution to the conception and implementation of civil rights-based society and properly limited government, and its ramifications. Topics discussed include it set...

  • DIRECTOR'S NOTE. McKinney-Browning, Mabel // Insights on Law & Society;Fall2014, Vol. 15 Issue 1, p3 

    An introduction is presented which discusses reports in the issue on topics including history of Magna Carta document, effect of the document on the U.S. Constitution, and its link to the Universal Declaration of Human Rights.

  • The Magna Carta, 800 Years Young.  // Stitches Magazine;Jul2014, Vol. 28 Issue 6, p25 

    The article focuses on the 800 years anniversary of the Magna Carta, historical charter sealed by King John at Runnymede, England in June 1215 which resulted in the development of the British constitutional law.

  • Magna Carta: A Guide for Educators. Tidridge, Nathan // LawNow;Nov/Dec2015, Vol. 40 Issue 2, p21 

    No abstract available.

  • LA REFORMA DEL ARTÍCULO 135 DE LA CARTA MAGNA ESPAÑOLA (La superación de los clichés del tabú y de la rigidez constitucionales). QUESADA, LUIS JIMENA // Teoria y Realidad Constitucional;2012, Issue 30, p335 

    This essay suggests that the 2011 Constitutional Amendment (Art. 135) to include a debt ceiling provision and impose a balance budget standard in Spain has confirmed that economic forces and interests prevail in practice over theoretical solid constitutional principles, both at European and...

  • Beyond Magna Carta: A Constitution for the United Kingdom. Qvortrup, Matt // Political Studies Review;Aug2017, Vol. 15 Issue 3, p484 

    No abstract available.

  • Australia's Magna Carta. Burrows, Toby // Parergon;2010, Vol. 27 Issue 2, p277 

    The article reviews the book "Australia's Magna Carta."

  • An Island Adrift. Omolesky, Matthew // American Spectator;Nov2012, Vol. 45 Issue 9, p34 

    The article highlights the role of Great Britain in skepticism in Europe. One exceptional aspect that Great Britain showed through the years is its free constitution, which is seen in how it dramatically recognized the Magna, developed the writ of habeas corpus and pass the 1689 Bill of Rights....

  • Charter would protect our common environment. BOX, THAD // Western Farmer-Stockman;Nov2012, Vol. 133 Issue 11, p10 

    The author comments on the importance of the Magna Carta and its role in protecting the common environment in England.

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics