ORIGINAL AND DERIVED CONSTITUENT POWER. THEORETICAL APPROACHES

In this study we want to explain how the idea of "constituent power" was born, this aspect is necessary at this time because contemporary authors, both Romanian and French ones aft er the Second World War, deal with the constituent power concept as an already known term, although there are few studies regarding it. We believe that further analysis of the concept is needed both because the "legitimacy of power" remains a highly controversial and discussed issue in public law and also due to the close link between the two concepts: democracy and constituent power. These requirements are more important for Romanian doctrine in the last two decades and a half, because we were both in a position to create a new Constitution and in the review an existing one.