# Romania's constitutions, 1866–1991 Six regimes rewrote the fundamental law. Put the articles side by side and see what survived: property, rights, and who rules. Bucharest, 20 September 2026 · six texts, three questions, 45 pairings https://mariuscomper.uk/constitutii-romania-1866-1991/en/ ## Timeline ### 1866 — 1866 · Under Carol Sanctioned on 30 June 1866 on the Belgian model of 1831: 133 articles, censitary voting, a hereditary Domn. It lasts 57 years, with revisions in 1879, 1884 and 1917. ### 1923 — 1923 · Greater Romania Royal Decree no. 1360 of 28 March 1923: 138 articles plus five transitory ones, universal manhood suffrage, Greater Romania. It lasts 15 years; partly restored on 31 August 1944. ### 1938 — 1938 · Royal dictatorship Plebiscite on 24 February 1938, in force from 27 February: 100 articles drafted by Istrate Micescu. Duties before rights, legislative initiative with the King. Suspended in the war years. ### 1948 — 1948 · The People's Republic Law no. 114, carried by 401 votes on 13 April 1948: 105 articles, the People's Republic, the Great Assembly as supreme organ. It lasts four years, until 1952. ### 1965 — 1965 · The Socialist Republic Carried by the Great Assembly on 21 August 1965: 121 articles, the Socialist Republic, the leading party. It lasts 24 years, until 1989; from 1974 with a state president, with counties instead of regions. ### 1991 — 1991 · The democracy Adopted on 21 November 1991 by 414 votes to 95, approved by referendum on 8 December 1991: 152 articles. Revised in 2003, in force. Outside the page: the 1952 Constitution, adopted on 24 September 1952 — between 1948 and 1965 — stays outside the comparator, so the leap from one people's republic to the other reads clearly. ## The comparator ### Property — Who may own, and what may be lost? **1866 – 1923 · Rewriting.** The same guarantee, new conditions: the text keeps property but redraws its boundaries. 1866 (art. 19): property is sacred; the state expropriates only in three cases 1923 (arts. 17, 19): property is guaranteed; the subsoil passes to the state **1866 – 1938 · Rewriting.** The same guarantee, new conditions: the text keeps property but redraws its boundaries. 1866 (art. 19): property is sacred; the state expropriates only in three cases 1938 (arts. 16, 17): property is inviolable; compensation is set by the courts **1866 – 1948 · Rupture.** Private property leaves the centre: the means of production pass to the state, and the guarantee changes master. 1866 (art. 19): property is sacred; the state expropriates only in three cases 1948 (arts. 8, 11): private property is recognised, but the state may take over everything **1866 – 1965 · Rupture.** Private property leaves the centre: the means of production pass to the state, and the guarantee changes master. 1866 (art. 19): property is sacred; the state expropriates only in three cases 1965 (arts. 6, 36): the means of production are socialist; house and savings are personal **1866 – 1991 · Continuity.** The guarantee passes from one text to the next, in changed wording over the same frame. 1866 (art. 19): property is sacred; the state expropriates only in three cases 1991 (art. 41): private property is guaranteed; expropriation needs public utility and compensation **1923 – 1938 · Rewriting.** The same guarantee, new conditions: the text keeps property but redraws its boundaries. 1923 (arts. 17, 19): property is guaranteed; the subsoil passes to the state 1938 (arts. 16, 17): property is inviolable; compensation is set by the courts **1923 – 1948 · Rupture.** Private property leaves the centre: the means of production pass to the state, and the guarantee changes master. 1923 (arts. 17, 19): property is guaranteed; the subsoil passes to the state 1948 (arts. 8, 11): private property is recognised, but the state may take over everything **1923 – 1965 · Rupture.** Private property leaves the centre: the means of production pass to the state, and the guarantee changes master. 1923 (arts. 17, 19): property is guaranteed; the subsoil passes to the state 1965 (arts. 6, 36): the means of production are socialist; house and savings are personal **1923 – 1991 · Continuity.** The guarantee passes from one text to the next, in changed wording over the same frame. 1923 (arts. 17, 19): property is guaranteed; the subsoil passes to the state 1991 (art. 41): private property is guaranteed; expropriation needs public utility and compensation **1938 – 1948 · Rupture.** Private property leaves the centre: the means of production pass to the state, and the guarantee changes master. 1938 (arts. 16, 17): property is inviolable; compensation is set by the courts 1948 (arts. 8, 11): private property is recognised, but the state may take over everything **1938 – 1965 · Rupture.** Private property leaves the centre: the means of production pass to the state, and the guarantee changes master. 1938 (arts. 16, 17): property is inviolable; compensation is set by the courts 1965 (arts. 6, 36): the means of production are socialist; house and savings are personal **1938 – 1991 · Continuity.** The guarantee passes from one text to the next, in changed wording over the same frame. 1938 (arts. 16, 17): property is inviolable; compensation is set by the courts 1991 (art. 41): private property is guaranteed; expropriation needs public utility and compensation **1948 – 1965 · Rewriting.** The same guarantee, new conditions: the text keeps property but redraws its boundaries. 1948 (arts. 8, 11): private property is recognised, but the state may take over everything 1965 (arts. 6, 36): the means of production are socialist; house and savings are personal **1948 – 1991 · Rupture.** Private property leaves the centre: the means of production pass to the state, and the guarantee changes master. 1948 (arts. 8, 11): private property is recognised, but the state may take over everything 1991 (art. 41): private property is guaranteed; expropriation needs public utility and compensation **1965 – 1991 · Rupture.** Private property leaves the centre: the means of production pass to the state, and the guarantee changes master. 1965 (arts. 6, 36): the means of production are socialist; house and savings are personal 1991 (art. 41): private property is guaranteed; expropriation needs public utility and compensation ### Rights and liberties — Who enjoys them, and on what conditions? **1866 – 1923 · Rewriting.** The catalogue stays, the conditions move: the same liberties, someone else decides how they are exercised. 1866 (arts. 5, 24): broad liberties, no censorship, but only for some 1923 (arts. 5, 6): rights without distinction of stock or creed; universal manhood suffrage **1866 – 1938 · Rewriting.** The catalogue stays, the conditions move: the same liberties, someone else decides how they are exercised. 1866 (arts. 5, 24): broad liberties, no censorship, but only for some 1938 (Title II; art. 22): rights come after duties, within the limits of the law **1866 – 1948 · Rupture.** The architecture of rights comes apart: guarantor, condition or order changes entirely. 1866 (arts. 5, 24): broad liberties, no censorship, but only for some 1948 (arts. 16, 18): equality and voting from 18, with social rights promised **1866 – 1965 · Rupture.** The architecture of rights comes apart: guarantor, condition or order changes entirely. 1866 (arts. 5, 24): broad liberties, no censorship, but only for some 1965 (arts. 28, 29): liberties guaranteed, barred against the order **1866 – 1991 · Continuity.** The right passes from one text to the next without losing its guarantor. 1866 (arts. 5, 24): broad liberties, no censorship, but only for some 1991 (arts. 20, 30, 34): a long catalogue, censorship banned, voting from 18 **1923 – 1938 · Rewriting.** The catalogue stays, the conditions move: the same liberties, someone else decides how they are exercised. 1923 (arts. 5, 6): rights without distinction of stock or creed; universal manhood suffrage 1938 (Title II; art. 22): rights come after duties, within the limits of the law **1923 – 1948 · Rupture.** The architecture of rights comes apart: guarantor, condition or order changes entirely. 1923 (arts. 5, 6): rights without distinction of stock or creed; universal manhood suffrage 1948 (arts. 16, 18): equality and voting from 18, with social rights promised **1923 – 1965 · Rupture.** The architecture of rights comes apart: guarantor, condition or order changes entirely. 1923 (arts. 5, 6): rights without distinction of stock or creed; universal manhood suffrage 1965 (arts. 28, 29): liberties guaranteed, barred against the order **1923 – 1991 · Continuity.** The right passes from one text to the next without losing its guarantor. 1923 (arts. 5, 6): rights without distinction of stock or creed; universal manhood suffrage 1991 (arts. 20, 30, 34): a long catalogue, censorship banned, voting from 18 **1938 – 1948 · Rupture.** The architecture of rights comes apart: guarantor, condition or order changes entirely. 1938 (Title II; art. 22): rights come after duties, within the limits of the law 1948 (arts. 16, 18): equality and voting from 18, with social rights promised **1938 – 1965 · Rewriting.** The catalogue stays, the conditions move: the same liberties, someone else decides how they are exercised. 1938 (Title II; art. 22): rights come after duties, within the limits of the law 1965 (arts. 28, 29): liberties guaranteed, barred against the order **1938 – 1991 · Rupture.** The architecture of rights comes apart: guarantor, condition or order changes entirely. 1938 (Title II; art. 22): rights come after duties, within the limits of the law 1991 (arts. 20, 30, 34): a long catalogue, censorship banned, voting from 18 **1948 – 1965 · Continuity.** The right passes from one text to the next without losing its guarantor. 1948 (arts. 16, 18): equality and voting from 18, with social rights promised 1965 (arts. 28, 29): liberties guaranteed, barred against the order **1948 – 1991 · Rupture.** The architecture of rights comes apart: guarantor, condition or order changes entirely. 1948 (arts. 16, 18): equality and voting from 18, with social rights promised 1991 (arts. 20, 30, 34): a long catalogue, censorship banned, voting from 18 **1965 – 1991 · Rupture.** The architecture of rights comes apart: guarantor, condition or order changes entirely. 1965 (arts. 28, 29): liberties guaranteed, barred against the order 1991 (arts. 20, 30, 34): a long catalogue, censorship banned, voting from 18 ### Who rules? — Where does power come from, and who shares it? **1866 – 1923 · Continuity.** The architecture passes from one text to the next: who shares power stays, even as office names change. 1866 (arts. 31, 32): powers come from the nation; laws are made by the Domn with two Assemblies 1923 (arts. 33, 34): the same architecture, with a Legislative Council and constitutional review **1866 – 1938 · Rewriting.** The sentence stays, the mechanism moves: the same proposition about power, held by someone else. 1866 (arts. 31, 32): powers come from the nation; laws are made by the Domn with two Assemblies 1938 (arts. 29–31): powers come from the nation, but laws start with the King **1866 – 1948 · Rupture.** The order of powers comes apart: separation gives way to concentration or to a single assembly. 1866 (arts. 31, 32): powers come from the nation; laws are made by the Domn with two Assemblies 1948 (arts. 37, 38): a single Assembly is the supreme organ and the sole legislator **1866 – 1965 · Rupture.** The order of powers comes apart: separation gives way to concentration or to a single assembly. 1866 (arts. 31, 32): powers come from the nation; laws are made by the Domn with two Assemblies 1965 (arts. 4, 64): the Great Assembly runs everything; between sessions the Council of State legislates **1866 – 1991 · Continuity.** The architecture passes from one text to the next: who shares power stays, even as office names change. 1866 (arts. 31, 32): powers come from the nation; laws are made by the Domn with two Assemblies 1991 (arts. 2, 81): popular sovereignty, a two-chamber Parliament, an elected president, a Constitutional Court **1923 – 1938 · Rewriting.** The sentence stays, the mechanism moves: the same proposition about power, held by someone else. 1923 (arts. 33, 34): the same architecture, with a Legislative Council and constitutional review 1938 (arts. 29–31): powers come from the nation, but laws start with the King **1923 – 1948 · Rupture.** The order of powers comes apart: separation gives way to concentration or to a single assembly. 1923 (arts. 33, 34): the same architecture, with a Legislative Council and constitutional review 1948 (arts. 37, 38): a single Assembly is the supreme organ and the sole legislator **1923 – 1965 · Rupture.** The order of powers comes apart: separation gives way to concentration or to a single assembly. 1923 (arts. 33, 34): the same architecture, with a Legislative Council and constitutional review 1965 (arts. 4, 64): the Great Assembly runs everything; between sessions the Council of State legislates **1923 – 1991 · Continuity.** The architecture passes from one text to the next: who shares power stays, even as office names change. 1923 (arts. 33, 34): the same architecture, with a Legislative Council and constitutional review 1991 (arts. 2, 81): popular sovereignty, a two-chamber Parliament, an elected president, a Constitutional Court **1938 – 1948 · Rupture.** The order of powers comes apart: separation gives way to concentration or to a single assembly. 1938 (arts. 29–31): powers come from the nation, but laws start with the King 1948 (arts. 37, 38): a single Assembly is the supreme organ and the sole legislator **1938 – 1965 · Rupture.** The order of powers comes apart: separation gives way to concentration or to a single assembly. 1938 (arts. 29–31): powers come from the nation, but laws start with the King 1965 (arts. 4, 64): the Great Assembly runs everything; between sessions the Council of State legislates **1938 – 1991 · Rupture.** The order of powers comes apart: separation gives way to concentration or to a single assembly. 1938 (arts. 29–31): powers come from the nation, but laws start with the King 1991 (arts. 2, 81): popular sovereignty, a two-chamber Parliament, an elected president, a Constitutional Court **1948 – 1965 · Continuity.** The architecture passes from one text to the next: who shares power stays, even as office names change. 1948 (arts. 37, 38): a single Assembly is the supreme organ and the sole legislator 1965 (arts. 4, 64): the Great Assembly runs everything; between sessions the Council of State legislates **1948 – 1991 · Rupture.** The order of powers comes apart: separation gives way to concentration or to a single assembly. 1948 (arts. 37, 38): a single Assembly is the supreme organ and the sole legislator 1991 (arts. 2, 81): popular sovereignty, a two-chamber Parliament, an elected president, a Constitutional Court **1965 – 1991 · Rupture.** The order of powers comes apart: separation gives way to concentration or to a single assembly. 1965 (arts. 4, 64): the Great Assembly runs everything; between sessions the Council of State legislates 1991 (arts. 2, 81): popular sovereignty, a two-chamber Parliament, an elected president, a Constitutional Court ## Threads of continuity ### Claims against the state “All claims against the State” (1866, art. 19) travels through “claims against the State are guaranteed” (1923, art. 17) and “claims on private persons and on the State” (1938, art. 16) to “claims against the state are guaranteed” (1991, art. 41). Neither 1948 nor 1965 keeps the formula. ### The subsoil The state uses the subsoil against compensation (1923, art. 17), mines become the state's (1923 and 1938, arts. 19 and 17 respectively), subsoil and forests enter the property of the whole people (1948, art. 6; 1965, art. 7), and the democratic state returns to use against compensation (1991, art. 41). ### No confiscation No law may establish confiscation of wealth (1866, art. 17); the ban survives with two exceptions — high treason and embezzlement (1938, art. 16) — and returns as a presumption of lawful acquisition (1991, art. 41). ### Where power comes from “All powers emanate from the nation” (1866, art. 31; 1923, art. 33; 1938, art. 29) gives way to the power of the working people through the Great Assembly (1948, art. 37) and the people free and master of its fate (1965, art. 2), then returns as sovereignty exercised through representatives and referendum (1991, art. 2). ### Censorship, there and back “Censorship may never be re-established” (1866, art. 24) becomes liberty “within the limits and conditions of the law” (1938, art. 22), then liberty guaranteed but barred against the order (1965, arts. 28–29), and closes with “censorship of any kind is forbidden” (1991, art. 30). ## Method Texts from 1866 to 1965 are quoted in the spelling of their time; the English renderings are by Marius Comper. Each cell shows the article, the short quotation and a plain-words gloss. References follow the official editions in the Official Gazette and the Official Bulletin, checked article by article; for 1991, the initial numbering of M. Of. I 233/1991 — the 2003 revision renumbered some articles (vote: art. 34, property: art. 41). The 1952 Constitution, adopted on 24 September 1952, stays outside the page, as the timeline itself announces. Each pairing's verdict — continuity, rewriting or rupture — sums up the relation between the two cells; the formulae under the quotations carry the facts, so you can argue with the verdict. All 45 pairings read on paper too: every verdict and every gloss is in the page, and the threads section gathers the conclusions without a single button. ## Sources - [The Legislative Portal — the 1866 Constitution, full text](https://legislatie.just.ro/Public/DetaliiDocument/26844) — arts. 1–133, headed: sanctioned on 30 June 1866, Official Gazette no. 142 of 13 July 1866. - [The Constitutional Court — Romania's constitutional edifice (PDF)](https://www.ccr.ro/wp-content/uploads/2024/04/Edificiul-constitutional-al-Romaniei.pdf) — the official history of the six texts: dates, votes, structures, revisions. - [The 1923 Official Gazette — scan of the promulgated text (Internet Archive)](https://archive.org/download/1923-constitutia-regatului-roman_202405/1923%20-%20Constitutia%20Regatului%20Roman.pdf) — Royal Decree no. 1360 of 28 March 1923; the quoted articles, with restoration on 31 August 1944. - [The 1938 Constitution, transcribed (with translation)](https://ro.wikisource.org/wiki/Constitu%C8%9Bia_Rom%C3%A2niei_(1938)) — the quoted articles, also checked in an independent school excerpt; official edition: Official Gazette no. 48 of 27 February 1938. - [Official Gazette no. 87 bis of 13 April 1948 — text mirror (Law no. 114)](https://eazyinsure.ilegis.ro/oficiale/index/createpdf/14931) — the quoted articles, with the 401 votes and Decree no. 729 of 1948. - [The Constitutiile Romaniei anthology — the 1965 text](https://www.crteducazione.org/wp-content/uploads/2025/02/Costituzione-Rep-socialista-Rumena-del-1965-ling-Rumena.pdf) — the quoted articles; official edition: Official Bulletin no. 1 of 21 August 1965. - [The 1991 Constitution, republished form — headed with the initial edition](http://www.legis.ro/images/stories/ACTE_NORMATIVE/constitutia%20romaniei.pdf) — the quoted articles; initial edition: Official Gazette no. 233 of 21 November 1991, approved in the referendum of 8 December 1991. - [The Craiova Political Science Review — the 1923 Constitution (study)](http://cis01.ucv.ro/revistadestiintepolitice/files/numarul51_2016/8.pdf) — 1923 expropriation, mines and Senate, with article references. - [Acta Sapientia — the adoption of the 1923 Constitution (study)](https://acta.sapientia.ro/content/docs/07-886179.pdf) — the March 1923 votes and the promulgation of 28–29 March. - [The Romanian International Law Review — property in 1948 (study)](https://www.rrid.ro/index.php/rrid/article/download/48/35) — 1948 articles 6 and 11, quoted from Official Gazette no. 87 bis. - [DEXonline — the dictionary of the Romanian language](https://dexonline.ro/) — word senses in the quotations, checked where needed; nothing copied.