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The Constitutionality of the Referendum on the Dismissal of the President of Romania

Decision No. 731 of 10 July 2012 (2012)

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The Constitutionality of the Referendum on the Dismissal of the President of Romania

Romania Constitutional Court
Decision No. 731 of 10 July 2012 (2012)

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Facts

The Romanian legislature passed a law allowing the president of Romania to be dismissed from office by referendum if a majority of votes supported the dismissal. Opponents (plaintiffs) of the law brought a claim that the law violated the separation of powers as the legislature had created a scheme to remove the executive with a smaller majority of votes than the majority of votes that installed the president. Supporters of the law (defendants) argued that the referendum process facilitated the direct participation of the Romanian people in their government, which was critical to democracy and the rule of law.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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Casebooks

Comparative Constitutional Law

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