The Multinational State That Wasn’t: The Constitutional Definition of Romania as a National State
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Silvia Suteu
Abstract
This article looks at the constitutional label of Romania as a ‘national state’ and the constitutional discourse surrounding it. It argues that this label is unavoidably linked to a project of constitutional nationalism. The article examines the origins of the provision enshrining this state characteristic, as well as the eternity clause declaring it unamendable, so as to reconstruct the genealogy of the idea of the national state in Romania. The article traces the origins of the concept to early-twentieth century nation-building discourse but links its current incarnation to the distinctive type of nationalism promoted in late communist and early post-communist Romania and its fear of the Hungarian ‘other’. This fear seeped into debates in the 1990–1991 constituent assembly debating the new constitution, which proceeded to disregard calls for a more pluralist definition of the state and clearer constitutional protection for national minorities. While some of these choices were revisited during the 2003 revision of the constitution, the fundamental law retains its emphasis on the national state. To this day, Article 1 (1) continues to be contested, especially by representatives of the Hungarian community. At the same time, it is invoked and creates confusion every time administrative territorial reorganisation is entertained. The article argues that greater clarity is required in understanding the concept and operation of the national state provision, as well as openness to an inclusive national dialogue surrounding this constitutional unsettlement. Only by moving the constitutional discourse beyond the highly politicised debates of years past, and the ‘us versus them’ mentality informing them, can Romanian constitutionalism show a maturity in keeping with its recent 25-year anniversary.
© 2017 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Frontmatter
- Articles
- The Politics of Global Constitutionalism
- The Judicial Dialogue in Europe
- Regional Economic Integration and the Reality of Strong National Constitutional Powers in South America. A Comparative Analysis
- Notes and Essays
- International Constitutional Law – Inclusive, but Still Selective?
- Special Topic: The Romanian Constitution at 25 – A Critical Examination of Romanian Constitutionalism
- The Multinational State That Wasn’t: The Constitutional Definition of Romania as a National State
- The Romanian Constitution and Civic Engagement
- Constitutional Developments
- Austrian Constitutional Court: Constitutionality of the Obligation to Bear Costs in Criminal Proceedings
- Austrian Constitutional Court: Considering Climate Change as a Public Interest is Arbitrary – Refusal of Third Runway Permit Annulled
Articles in the same Issue
- Frontmatter
- Articles
- The Politics of Global Constitutionalism
- The Judicial Dialogue in Europe
- Regional Economic Integration and the Reality of Strong National Constitutional Powers in South America. A Comparative Analysis
- Notes and Essays
- International Constitutional Law – Inclusive, but Still Selective?
- Special Topic: The Romanian Constitution at 25 – A Critical Examination of Romanian Constitutionalism
- The Multinational State That Wasn’t: The Constitutional Definition of Romania as a National State
- The Romanian Constitution and Civic Engagement
- Constitutional Developments
- Austrian Constitutional Court: Constitutionality of the Obligation to Bear Costs in Criminal Proceedings
- Austrian Constitutional Court: Considering Climate Change as a Public Interest is Arbitrary – Refusal of Third Runway Permit Annulled
