CHAPTER XXXIV
Preparation for the legislative election of 1888 was now the thing that stood permanently in the back of the brains of party leaders, strategists and battleground candidates, even more so for those that belonged to the PS and PNL. The republicans were the only ones whose strategy was a bit different, since they realized that their level of support was not high enough to warrant a strong battle for the second place, but rather an honourable battle that would allow them to pressure the winning party on both the presidential and legislative level to take them into account. At the same time, the conservatives were on high horses and being an example of unity and coherence, were highly confident that they would easily win both the presidency and a large enough number of seats to dictate the policy of the country for at least eight years. At the same time, the clandestine battle that had been raging inside the Constitutional Court ever since the politicians started fighting their political wars with appeals and requests from the institution was getting more and more visible, with a group of politically non-affiliated citizens requesting that the parties keep the Court out of their wars and lust for power. The Court itself requested a longer time than usual to ponder on whether the law brought forward by the PNL was constitutional or not and many judges preferred to not even return to their homes in fear of angry political sympathizers that could target them. The unusually high pressure from both the parties and a number of citizens made the members of the Court consider changing the functioning act of the institution to make votes of the individual judges secret, in order to protect them from becoming targets. Many liberals blamed the judges appointed by former Presidents Magheru and Kogălniceanu who they believed should have stood with them against the socialists, but had betrayed their constituents when they allowed the socialists to become a legal party. The Court finally released a public statement in September 1886, where they made the case that they were not bound by contract with “constituents”, and that their only duty was to the Romanian people and the Constitution.
Composition of the Constitutional Court of Romania, 1886
In yellow - Magheru/Kogălniceanu appointees
In blue - Catargiu/Carp appointees
In dark yellow - Cuza appointees
In red - Rosetti appointees
At the time, the Constitutional Court was composed of three judges of the original eleven appointed by President Magheru, two were appointed by President Cuza, two by President Catargiu, one by President Carp, two more by President Kogălniceanu, and lastly one appointed by outgoing President Rosetti in his second year in office. Only ten of the eleven judges had a full vote, while the eleventh, the Chairman of the Court had no vote unless there was a tie and he would cast the break. The chairman on the other hand, by the statute of the Court (1850) was to release public statements or inform Parliament directly of the decisions made whenever he saw fit. The judges vote, had up until then been public and everyone knew which judge was in favour of what appeal and which one rejected it. Chairman Constantin Brăiloiu, Catargiu appointee and former Conservative Speaker of the Assembly, had decided that would take matter into his own hands and work on modifying the statute so that decision making inside the Court would be made secretly and then the chairman would reveal the decision without naming judges. As such, the Court would simply have an institutional position and nothing more. This was, of course, opposed fiercely by both conservative and liberal establishments, who saw this as a way for the judges to break faith without any fear of political repercussion. The move, however was saluted by President Rosetti and the socialists, who welcomed the change as a strengthening of Romanian democracy and a weakening of political interference in the judiciary.
Brăiloiu și decizia (eng. Brăiloiu and the Decision)
- Caricature of the Chairman of the Court, 1886
As the Constitutional Court took its time to ponder on whether the presidential election should be capped, President Rosetti continued to govern by simply issuing executive orders while the socialists continued to propose bill after bill, all rejected by a Conservative-Liberal coalition that their opponents nicknamed the “Second Monstrous Coalition” after the move that forced the late President Cuza to give up on his pursuit of a fourth term in office. At the end of 1886, President Rosetti was given an award by a confederation of Jewish organizations, for his „outstanding work for the betterment of life in the citadel, minority rights and an all-inclusive and strong Romanian republic“. The president’s acceptance of this award brought him numerous critics from even his own movement, because while many socialists espoused a very progressive set of ideas for the era they lived in, many still rejected rights for those they deemed dangerous or even inferior. At the same time, both liberals and conservatives worked together in a campaign to undermine the president by painting him as beholden to anti-Romanian interests, even going as far as accusing him of pro-Hungarian sentiments and of wishes to dismantle the Romanian state. His anti-colonialism was painted as a form of keeping Romania weak and uninvolved in international treaties, while his reforms in terms of wages and workers’ rights were deemed as a form of undermining Romanian identity, by forcing ethnic Romanians to fight against one another. Nevertheless, while President Rosetti’s popularity remained extremely high with his base, many independents, left-leaners and single issues voters were driven away, making his overall popularity plummet. The expectation was that even if the Constitutional Court were to strike down the Electoral Act, President Rosetti was to face a very uphill battle for re-election, as the split vote of the left would definitely favour the PNL candidate. As the wait for the Court’s decision continued, the Great Debate went on to include even this aspect of Romanian politics – was it fairer to have a presidential election that included as many candidates, but would split the vote in such a way that there would only be required to obtain a small plurality in order to become president? Proponents of an open field election stressed the need for a run-off that would pit the two most successful candidates. At the same time, supporters of the PNL bill argued that a run-off would be nothing more than what they proposed, and the legislative election was a far more accurate portrayal of the popularity of parties and ideologies than a first round littered by small-time candidates that would heavily distort voting patterns. Regardless, when the decision of the Constitutional Court finally came in March 1887, chaos ensured once more. The Court decided that the Electoral Act did not, in any way, infringe upon the Constitution and that Parliament was sovereign in drafting electoral rules as per article III, which stated:
„Further laws and regulations regarding the Presidential Election shall be discussed and adopted by Parliament however they see fit.”
At the same time, the main argument of the socialists was that there were very clear rules as to whom can become president that were already laid out in the Constitution and none of them forbade anyone to participate because of their party membership. The Court’s response was that those rules can be supplemented by amendment or by non-organic electoral law, unless they contradict an existing article or stipulation, which, they aruged, was not the case with the Electoral Act. The final argument was that Article III mentioned that the president is elected with a majority of votes, which meant that an election with more than two candidates would violate this rule, since none would be able to reach a majority, thus an impasse would be reached.
Prietenul evreilor (eng. Friend of the Jews)
- Caricature of President Rosetti receiving the award from the Jewish Community, 1886
The PS immediately denounced the decision and labeled it an affront to democracy and rule of law, and vowed to fight in any way they could to stop the Electoral Act. Regardless, their numbers in Parliament were not enough to fight back institutionally, so many of the PS-aligned unions were brought into the streets in a massive strike that paralyzed Bucharest for three weeks in March 1887. As the situation turned more and more dire, President Rosetti, previously an outspoken critic of the Court’s decision decided that the situation was untenable and advised both supporters of the PS, independents and leaners that did not believe the Court’s decision was fair to throw their support at the election, so that this unfair law could become history faster than it could produce undesirable effects. In a speech in front of the Hill, the president gave a message to his supporters and to the unions that he will obey the law in its form and the Court’s decision, even if it was unfavourable and unfair had to be respected, because if the institutions stop working as they had to, then the dissolution of the state would be imminent. Nevertheless, the strike and protests continued, but with time, the movement lost steam and supported and by the start of the primary season of 1888, it had gradually died down.
În așteptarea președintelui (eng
. Waiting for the president
) - Caricature of intellectuals and socialist supporters waiting for President Rosetti to give his speech at the Hill, 1887