5 An Original Legal Experiment in ARTICLES. Rumania: The Party and State Bodies Michael Cismarescu* Introduction The problem of the relationship between party and state-and especially the role of the state in a communist country-is a complex one which has often caused , embarrassment to Marxist scholars. Its starting point was the communist take over of power in Russia. From Lenin's famous book State and Revolution until the pre- sent the problem has been discussed in all its aspects. The issue is relevant from an ideological, philosophical ' and political point of view, as well as from a juridical one. Without entering into the details of the question in all its implications it can be said that the conception pre- vailing today in the communist countries is that the party is supreme, but the state continues to have a distinct, well established identity. The dominant role of the party is acknowledged but, at least theoretically, the state institutions and organs have their own separate competence, and their own specific attributes. Rumania makes no exception to this rule. The leading role of the party is entrenched in Articles 3 and 26 of the Constitution of August 21, 1965, in
Review of Socialist Law (in 1992 continued as Review of Central and East European Law) – Brill
Published: Jan 1, 1976
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