Comparison between the United Kingdom and Romanian Constitutions and legal System

Regardless of some minor differences the fundamental law in both states is the Constitution. Romania has a written Constitution, the first dating from 1866, and modified after that in 1923, 1938, 1948, the communist Constitutions in 1952, 1965, 1967, 1969, 1972, and the new Constitution from 1991 which was amended in 2003. The 1991 Constitution was modified in 2003, without substantial changes to the political system. Articles were introduced on Integration into the European Union and NATO Accession, bringing the total to 156 in 8 titles. These specified that both could take place by parliamentary vote alone, and that EU citizens living in Romania can vote and run in local elections. The new document grants minorities the right to use their native language when dealing with local administration and the courts, improves the functioning of the legislative chambers (better specifying their attributes) and restricts the privilege of parliamentary immunity to political declarations, extends the presidents term to five years, explicitly guarantees rather than protects the right to private property and removes the constitutional obligation for conscription. The new Constitution took effect on October 29 and contains 156 articles divided into 8 major sections or Titles : Title Title Title Title Title Title Title Title I - General principles II - Fundamental rights, liberties, and duties III - Public authorities IV - The economy and public finance V - Constitutional Court VI - Euroatlantic integration VII - Revising the Constitution VIII - Final and transitional provisions

The United Kingdom of Great Britain and Northern Ireland has no written Constitution. However, the word "unwritten" is something of a misnomer as the majority of the British constitution does exist in the written form of

statutes, court judgments, and treaties. The constitution has other unwritten sources, including parliamentary constitutional conventions and the royal prerogatives. The bedrock of the British constitution has traditionally been the doctrine of Parliamentary sovereignty, according to which the statutes passed by Parliament are the UK's supreme and final source of law. The two main branches of the English Constitution are: 1).THE LEGISLATIVE POWER which is the power of making, altering, or repealing the laws and 2).THE EXECUTIVE POWER which belongs to the Parliament. On the other hand, the Constitution consists of elements such as: THE STATUS that is law made by the Parliament, important court cases and established practices. While the British Constitution consists of two branches as shown above, and the Queen as the Head of State who represents the people (but the real power lies in the Parliament), the Romanian Constitution consists of three fundamental powers: the Executive Power, the Legislative Power and the Judicial Power. In Romania the Executive Power is held by the President and the Government which is lead by the Prime Minister, the Legislative Power is held by the Parliament and the Judicial Power is represented through the Courts. In the United Kingdom the Parliament is the most important part of the state power. A full duration of it is for seven years. No bill can become law until it has been sanctionated or read three times by both houses and has finally received the royal assent, which practically never refused any measures that have passed both Houses of Parliament. The Parliament consists of two houses: the House of Commoners (the Lower House) which is made up of 650 members, who each represent a constituency; and the House of Lords (the Upper House) which consists of around 1200 members. Only the Queen can provoque, prorogue or dissolve the Parliament. The members of the House of

Commoners win their seats in the Parliament by a majority of vote. The leader of the party which has the most seats in the House of Commoners becomes the Prime Minister. He than chooses the members of his cabinet, called the ministers. The Prime Minister, together with other ministers, form the Government. General elections are held every five years although the Prime Minister may call one earlier. In Romania the Parliament consists also of two houses, the Senate and the Chamber of Deputies. The Senators and the Deputies are elected through universal direct, equal, secret and freely spoken vote. The number of senators and deputies are set by a special type of organic law called Election Law. The President can also dissolve the Parliament, only after consulting the Speakers of the two Houses and the leaders of the main political parties in the Parliament. But he can only do this if the Parliament has not given its Trust Vote for the naming of the Government in the 60 days from the first time it was called and also after rejecting two calls for a naming. Prior to the modifications of the Constitution in 2003, the two houses had identical attributes. A text of law had to be approved by both houses. If the text differed, a special commission was formed by deputies and senators, that "negotiated" between the two houses the form of the future law. The report of this commission had to be approved in a joint session of the Parliament. After the 2003 referendum, a law still has to be approved by both houses, but each house has designated matters it gets to deliberate before the other, in capacity of "deciding chamber". If that first chamber adopts a law proposal, it is passed on to the other one, which can approve or reject. If it makes amendments, the bill is sent back to the deciding chamber, the decision of which is final. We can only speak of a president in Romanian case. A presidential system is a system of government where an executive branch exists and presides separately from the legislature, to which it is not accountable and which cannot, in normal circumstances, dismiss it. In Romania the presidential term is five years.

The United Kingdom is a constitutional monarchy: succession to the British throne is hereditary. A constitutional monarchy is a form of government in which a monarch acts as head of state within the parametres of a written, unwritten or blended constitution. A unique feature in the Romanian Legal System represents the Constitutional Court. The Constitutional Court of Romania is the institution which rules on whether the laws, decrees or other bills enacted by Romanian authorities are in conformity with the Constitution: whether international agreements are from the Romanian Constitution point of view constitutional, whether the Parliaments acts are according to the Constitution, it watches over the Presidential elections and confirm the result, decides whether a political partie is or not constitutional. The Constitutional Court is made up of nine judges, three named by the President, three by the House of Representatives and three by the Senate, all for a term of nine years. They choose from among them a Chairman for a term of three years. According to the Article 144 of the Constitution, the Constitutional Court exercises the following powers: to adjudicate on the constitutionality of laws, before promulgation, upon notification by the President of Romania, by the President of either Chamber of Parliament, by the Government, the Supreme Court of Justice, by a number of at least 50 Deputies or at least 25 Senators, as well as, ex officio , on initiatives to revise the Constitution

to adjudicate on the constitutionality of the Standing Orders of Parliament, upon notification by the President of either Chamber, by a parliamentary group or a number of at least 50 Deputies or at least 25 Senators

to decide on exceptions brought to the Courts of law as to the unconstitutionality of laws and orders

to guard the observance of the procedure for the election of the President of Romania and to confirm the ballot returns

to ascertain the circumstances which justify the interim in the exercise of office of President of Romania, and to report its findings to Parliament and the Government

to give advisory opinion on the proposal to suspend the President of Romania from office

to guard the observance of the procedure for the organization and holding of a referendum, and to confirm its returns

to check on compliance with the conditions for the exercise of the legislative initiative by citizens

to decide on a political party

objections

of

unconstitutionality

of

In Britain the division between criminal and civil law reflects in the court system. The judges in the House of Lords are known as Law Lords. Here are the courts in Great Britain: 1. 2. 3. 4. 5. 6. 7. Court of Justice of the European Community The House of Lords The Courts of Appeal , Criminal Division The Crown Court The Magistrates Court The Courts of Appeal , Civil Division Country Courts

The conservationism of the English lawyers is shown by their strict division into solicitors and barristers . The first are allowed to deal directly with the public, but when going to the central Courts they must employ a barrister to plead. Becoming a barrister requires a higher educational standard, a degree from the Council of Legal Education and becoming a member of the Inns of Court

(which are, in order, Grays Inn , Lincolns Inn , The Middle Temple and The Inner Temple ). The Courts deal with civil cases such as divorces or disputes over property and all those were no crime has been committed. Less serious cases, criminal or civil, are dealt with in the Magistrates Courts were two or three magistrates (also known as Justices of Peace) hear the case. They do not need to have legal qualifications, a Clark advices them on the law, there main duty is to hear the case and decide, when necessary, what the punishment should be. Also they decide whether to grant bail or not, and whether the person will be remanded in custody or not. More serious crimes are heard in the Crown Courts for Criminal cases and the Country Courts for Civil cases. The jury in England and Wales is made up of 12 ordinary people aged between 18 and 64. After hearing the evidence the jury listens to the judges summing and then retires to a special room to decide the verdict. When they return it will be a guilty or not guilty verdict. Specific for our county is that all judges are named by the President, at the proposal of the Magistrates Superior Council (made up by 9 judges, 5 prosecutors and 2 law experts who have a well know professional and moral reputation but who only participate in general debates). This organizations function is as a Court who trials all judges in disciplinary cases. The naming in one office, the promotion, transfer or sanctioning one or more judges is of the Magistrates Superior Council competence. If a person is named judge he can no longer hold any other public or private office except being a teacher. All judges are named for life and the final sentience rests with the High Court of Cassation and Justice . In Romania there is no Jury Court. Witnesses and expertise are not allowed at the Supreme Court, only at the lower courts made up by First Court , High Court and The Court of Appeal . Here also one advocate can

not plead unless he has at least 8 years experience or holds the title of Doctor in Law.