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.
Citation
ID:
214821
Ref Key:
stanescu2013usva