ABSTRACT

This chapter discusses that there was no radical break between the regime of legality of the short-lived postwar democratic interregnum and the new republic. At the wake of World War II, communism became the official ideology shaping the politico-legal structure of almost half of Europe and an important part of Asia. Communism brought about a particular articulation between legality and illegality, that is between revolutionary politics, negotiation and compromise with established institutions of power. It is also essential for further approaching the assertion of state truth as a core feature of the communist project. Law is a matter of form: in a positivist vein, for a statute to be law it has to originate in the activity of the relevant body and has to be adopted according with a specific procedure. Socialist is one face of the revolution, exposing the law-preserving nature of the violence brought about by the change and the limits of state communism within the Romanian context.