Alexandru Arsene: Constitution is people’s law, while people’s will represents basis of state power

The Constitution is the people’s law, while the people’s will represents the basis of state power. When a normative document that presents the wish of MPs is contradictory, priority is given to the people’s will and this is guaranteed by the Constitution, which says that the Republic of Moldova is a state with the rule of law, which means the Constitution and the law prevail over the political interest, professor and university lecturer Alexandru Arsene, doctor habilitate in constitutional law, stated in IPN’s public debate “About state of emergency in the country and at the Constitutional Court: motives, players, solutions”.

Alexandru Arsene noted the CC must not intervene in political disputes as the political struggle is the business of politicians. The Court is an authority of constitutional jurisdiction that ensures the supremacy of the Constitution over group, party interests and between the branches of the power – legislative and executive. “As the politicians can have a view in the morning, another view at noon after particular factors change and the third view in the evening,” he explained.

Acceding to the professor, the decisions taken by the CC in the recent past activated the state mechanism, the institutions that adopt concrete measures for them not to be involved in the political process. The politicians are MPs and ministers. The ministry employees are all public servants and they must fulfill their duties regardless of the situation. The pandemic crisis does not stop any institution from property fulfilling their duties.

The criteria for the people to assess the politicians who aspire for posts that enable them to take general decisions for the whole society should be reviewed or the voters will simply replace one politician for another. But an imperfect person cannot do perfect things. The stability of the normative regulations, first of all the constitutional ones, stimulates the development of society. The initial text of the Constitution of the U.S. didn’t undergo any changes during over 200 years, if only the part concerning the development and guaranteeing of human rights and proper functioning of the state mechanism.

In another development, Alexandru Arsene said that at the current stage, the Constitutional Court abides by the principles by which it every time resorted to scientific arguments concerning the functioning of the state mechanism and fulfillment of its duties.

The public debate “About state of emergency in the country and at the Constitutional Court: motives, players, solutions” is the 184th installment of IPN’s project “Developing political culture through public debates” that is implemented with support from the Hanns Seidel Foundation.

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