1866 Constitution of Romania


The 1866 Constitution of Romania was the fundamental law that capped a period of nation-building in the Danubian Principalities, which had united in 1859. Drafted in a short time and closely modeled on the 1831 Constitution of Belgium, then considered Europe's most liberal, it was substantially modified by Prince Carol and adopted by the Constituent Assembly. The newly installed Prince then promulgated it on. This was done without input from the major powers, including the Ottoman Empire, which still had formal sovereignty over Romania.

Outline

The document proclaimed Romania a constitutional monarchy. Like its Belgian counterpart, it was bourgeois-liberal in character, declaring that the government was organised on the basis of separation of powers and on the principle of national sovereignty. The throne was a hereditary office of the male descendants of Carol, "perpetually excluding women and their descendants." The Prince's person was proclaimed "inviolable." He was the head of the army, named and dismissed ministers, sanctioned and promulgated laws, named and confirmed men to all public functions, and signed treaties and conventions on commerce and navigation with foreign countries. He had the right to grant political amnesty, to pardon criminals or reduce their sentences, to confer military ranks and decorations, and coin money. At the same time, he opened and closed sessions of Parliament, which he could convoke in emergency session and which he could dissolve.
Legislative power was exercised by the Prince and Parliament. Following the Belgian model, executive power was entrusted to the Prince, but he was not responsible for exercising it. Rather, the Prince exercised his powers through the ministers; his acts were only valid if countersigned by a minister, who then became politically responsible for the act in question. The political regime was liberal but not democratic; elections were held with a limited franchise; voters, all men, were divided into four colleges based on their wealth and social origins.
Citizens' rights and freedoms were of the most modern vintage: enshrined in the document were the freedom of conscience, of the press, of assembly, of religion; equality before the law, regardless of class; individual liberty; inviolability of the home. Capital punishment was abolished in peacetime, while property was considered sacred and inviolable. The Romanian Orthodox Church was accorded superior status, while article 7 provided that non-Christians could not become citizens. The Constitution also did little to advance the position of women.
In 1879, under Western pressure, article 7 was ostensibly diluted but in fact it remained nearly impossible for Jews to gain citizenship. In 1881, the constitution was amended to proclaim Romania a kingdom, and the word "prince" was replaced by the word "king." In 1884, the number of electoral colleges was reduced to three, thus expanding the franchise. In 1917, the Constitution underwent two major modifications in order to fulfill promised made to the soldiers then fighting World War I: the college-based electoral system was abolished, and the right to property weakened so that land reform could be carried out. It remained in effect until the 1923 Constitution came into effect.

Elections

Although every adult male could vote, the value of their vote was strongly tilted towards the wealthiest.
As of 1909, the Chamber of Deputies was divided into three colleges, based on incomes and wealth:
The Senate gave even more power to the large property owners, while 98% of the voters were not represented at all: