Aspecte teoretice privind puterea constituantă
Journal Title: Revista Națională de Drept - Year 2017, Vol 5, Issue 199
Abstract
The constituent power is defined as the power that is entitled to adopt or amend a constitution. Equally, the original constituent power adopts a new constitution, when a solution of continuity and rupture in the legal system as a result of the transition from one regime to another. On the other hand, the derived or established constituent power is characterized by a mode of operation and organization established by a previous constitution. In the formal conception, the derived constituent power and the original constituent power are distinguished by formal criteria. Thus, the main criterion for distinguishing between the two powers are when they are exercising.
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