Although the draft constitution prepared by the commission appointed in
1961 was never adopted, it was used as the basis for the work of a
second commission named in June 1965. Under the chairmanship of
Ceausescu, the commission prepared a new draft and submitted it to the
party congress and the Council of State. After being approved by these
bodies the Constitution was adopted by the Grand National Assembly on
August 20, 1965.
The Constitution of 1965
After the adoption of the first communist constitution in 1948 the
country had officially borne the title of a people's republic. With the
promulgation of the new Constitution in 1965 the name of the country was
changed to the Socialist Republic of Romania (Republica Socialista
Romania). In adopting this title, the Romanian leadership was asserting
that the country had completed the transition from capitalism and had
become a full-fledged socialist state.
Observers of Eastern European politics considered the emphasis placed on
national sovereignty and independence in the new Constitution to be
significant. Whereas the 1952 Constitution repeatedly stressed the
country's close ties to the Soviet Union and the role of the Soviet army
in the liberation of Romania during World War II, the 1965 Constitution
omits all reference to the Soviet Union. Instead, it refers only to the
policy of maintaining friendly and fraternal relations with all
socialist states and, in addition, expresses the intention of promoting
friendly relations with nonsocialist states.
There is also increased provision for civil liberties in the 1965
Constitution, including the right of petition, the right of individual
recourse to the courts in the event of illegal acts of state agencies,
and rights equivalent to habeas corpus. The extent of individual freedom
is qualified, however, by the declaration that the "freedom of speech,
of the press, reunion, meeting and demonstration cannot be used for aims
hostile to the socialist system and to the interests of the working
people." While proclaiming freedom of association and organization, the
1965 Constitution, as did that of 1952, prohibits associations of a
"fascist or anti-democratic character."
Perhaps owing to the declared advancement to the stage of socialism, the
1965 Constitution contains no reference to the "private capitalist
sector" of the economy, as had the 1952 document. Whereas the 1952
Constitution had recognized the private sector as one of three elements
of the economic system, along with the socialist sector and the sector
described as "small-scale commodity production," that of 1965 declares
the basis of the economy to rest solely on the socialist ownership of
the means of production. Cooperative farmers, however, are permitted the
personal ownership of some livestock and tools, certain craftsmen are
guaranteed ownership of their workshops, and peasants who are not in
cooperatives are able to own small parcels of land and some farm
implements.
Public-domain text, read in full here on John Shaqi.
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