Great Union Constitutionalism. Political and Legal Aspects
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Law, Society & Organisations Volume III, Issue 5 (2 / 2018) Marius ANDREESCU University of Pitesti; Judge, Court of Appeal Pitesti Andra PURAN University of Pitesti GREAT UNION CONSTITUTIONALISM. POLITICAL AND LEGAL ASPECTS eywords Ion I.C. Bratianu and his personality, Governmental, political and diplomatic activity, Contributions to the adoption of the Constitution of 1923, Contributions to the adoption of legislation based on the K Fundamental Law of 1923, Constitutional acts of the Great Union Abstract The activity of some great politicians and statesmen of the time was of particular importance for the achievement of the Great Union in 1918. A remarkable personality of that time is Ion I.C. Brătianu. In this study we recall the great politician and statesman and in particular his major contribution to the adoption of the Constitution of 1923 which conferred constitutional significance to the great Union; he also contributed to the legislation adopted on the basis of the Fundamental Law from 1923 which aligned the Romanian state to the European states. The study outlines the historical context and content of the Declarations adopted in 1918 by which the Romanian provinces under foreign rule joined the Kingdom of Romania. We consider that these documents are legal and political acts of constitutional value that are important for Romanian constitutionalism. 67 Law, Society & Organisations Volume III, Issue 5 (2 / 2018) ION I.C. BRATIANU, PERSONALITY AND on January 11, 1909, the Congress of the party ACTIVITY appointed him President of the National Liberal Party. A geographical area, such as a locality, can be The liberal government headed by Ion I. C. Bratianu identified in a number of ways: spatially, had been in power for a long time against a demographically, economically, culturally, etc. In background of instability of the Romanian political contrast, the individuality of a people is determined life in the interwar period. In total, the National by personalities that were born, lived or created in Liberal Party had ruled the country for 6 decades. that particular place, village, city or region, which This period was marked by bold reforms initiated thus becomes more than a simple geographical and supported by Ion I.C. Brătianu: the agrarian location: a space of culture and civilization. reform, the electoral law, the modernization of the Undoubtedly, Pitesti is such a cultural space, ‘a economy and the initiation of the liberal doctrine "by generator of civilization’, which can be ourselves", the development of foreign policy by individualized by the great personalities who left aligning the country to the new realities imposed by their mark on these places over time. Vila Florica, the outbreak of the First World War and last but not located a few kilometres from Piteşti, is a landmark least, the drafting of a new Constitution, which because it is associated with the Bratianu family became the fundamental law of the country. whose members were political and cultural The politician also faced strong political crises, personalities. especially the Dynastic crisis generated by a new Ion I.C. Brătianu is undoubtedly the most prominent renunciation by Prince Carol II of his prerogatives personality of this prestigious family from Pitesti. as crown prince. Despite all the vicissitudes of the Bratianu is considered to be the "shadow leader" of age, Ion I.C. Brătianu managed to overcome the interwar Romania, who through his prestigious moments of crisis and maintain the political stability activity greatly contributed to the creation and of the country. Nicolae Iorga, described this as development of the modern Romanian state whose follows: "Now there were not two rulers of existence is to be marked definitively by democratic Romania, but one: Ion Bratianu. The Arges dynasty constitutionalism. Any evocation of the personality had completely overcome the Sigmaringen. of the great politician cannot sufficiently emphasize Ion I.C.Brătianu remained the master, the only and his immense contribution to the political, social and absolute master of a country that had endless cultural life. The count of Saint-Aulaire, the French patience." (Iorga, 1922) minister in Bucharest, expressed his appreciation of the liberal leader: "He always excels at winning without making enemies. The near future will reveal ION I. C. BRATIANU, PROMOTER OF THE his highest qualities that make him one of the great GREAT UNION statesmen of his generation, even greater than the three great ones: Wilson, Lloyd George and Ionel Bratianu, after his father's death on 4 May Clemenceau. Nothing more natural: small countries, 1891, felt obliged to continue his father's political great people." (Scurtu, 1992: 39) work, so in 1895 he was a candidate for parliament Ionel Bratianu, as his relatives used to call him, was and was elected deputy of Gorj. On 31 March 1897, the eldest son of the former Prime Minister and Bratianu was appointed Minister of Public Works. founder of the National Liberal Party, Ion C. In this capacity, he paid special attention to the Bratianu and of Oltenita Pia Pleşoianu. He was born construction of railways by encouraging the projects on August 20th, 1864 at Villa Florica, Arges of the illustrious engineer Anghel Saligny. We County. He studied to become an engineer but he should bear in mind that in November 1897 the was also passionate about history and culture. This minister participated in the inauguration of the statesman had a deep sense of duty towards his railway Pitesti– Curtea de Arges. He also country and politics was, in his opinion, an art and a encouraged the development of the Port of complex phenomenon. His statement is still valid Constanta. today: "Most people think politics is fun, with On February 14, 1901, with the appointment of a benefits and honors. Politics is something serious, new Liberal Cabinet, Ion I. C. Bratianu received the serious about everything. You have the life and the portfolio of the Ministry of Public Works, and after future of your country in your hands." (Iorga, 1934: the government reshuffle of January 9, 1902, he 44) received the interim of the Foreign Ministry, whose Believing it was his duty to continue the political holder he would become on 18 July. The diplomatic work of his family, in 1895 he began his political activity that he carried out during this period was career as a Member of Parliament for Gorj County. remarkable. Ionel Bratianu took a close look at the He became Minister of Public Affairs, interim situation of the Romanians in the Ottoman and Minister of Foreign Affairs and Minister of the Austro-Hungarian Empires, paying special attention Interior. His modern conception of Romania's future to the Romanians in Transylvania, whom he propelled him as a leader of the young liberals, and supported morally and politically. The Foreign 68 Law, Society & Organisations Volume III, Issue 5 (2 / 2018) Minister often intervened in Vienna and Budapest to agreements that were guarantees for the Romanian improve the situation of Romanians. In 1905 Ionel state. Such a diplomatic success was also the treaty and his brother Vintila Bratianu attended the concluded with Russia on September 18, 1914. By inauguration of the ASTRA Palace in Sibiu. Later, this agreement, Russia committed itself to guarantee he visited the cities of Transylvania, meeting with and defend the territorial integrity of Romania and some of Avram Iancu's former collaborators. to recognize its rights over the Austro-Hungarian In all of his political work, Ion I.C. Bratianu was a territories inhabited by Romanians in exchange of promoter of political and social reforms. His voice "benevolent neutrality" of our country. At the same became one of the most important in the National time, the government also concluded an agreement Liberal Party, and his opinion was listened to and with Italy, in which the two countries agreed to considered even if he did not share the views of the inform each other of any changes in their policy elders in the party who opposed the reforms. In his (Giurescu, 2003: 158). speeches Bratianu emphasized the vital importance The public opinion supported the new political of the agrarian reform and of the economic orientation of the country, so that Ion I C. Bratianu development of Romania and supported the focused on the army. The prime minister showed introduction of the universal vote. great diplomatic strength and diplomacy, insisting His political personality became more and more on the conclusion of some political-military important, so that on January 1, 1909, the Party conventions, clearly stipulating the conditions under Congress nominated him as president of the which Romania would enter the war and the National Liberal Party with great enthusiasm, for he objectives it pursued. Thus, after long negotiations, represented "the best that the party and country on August 4, 1916, the collaboration treaties with the could ever have". Since the inaugural speech, the members of the Entente were signed. The diplomatic new president had set two fundamental principles battle he coordinated at the Peace Conference in for future work: "freedom of speech" and "discipline Paris speaks volumes about his political activity. in action". The main preoccupation of the Romanian Prime Another important stage of the political activity of Minister was the recognition of the unification of the the illustrious liberal began at the end of the Second three provinces with Romania. However, on January Balkan War (July 28, 1913). The political climate 18, 1919, the Paris Peace Conference, which had to became a man who was more inclined to carry on regulate the international war problems was a great the decisions for the implementation of reforms. In disillusionment for Ionel Bratianu. By the decision a letter addressed to King Carol I in August 1913, of the great victorious powers, Romania had limited Bratianu urged the transition to the reforms he had interests, being able to participate in the debates only thought of and believed in.