THE PRINCIPLE OF SEPARATION OF POWERS - CONSTITUTIONAL GUARANTEE
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2017, Vol 9, Issue 11
Abstract
The principle of ensuring the legal bases of the State functioning is the fundamental principle of law which actually settles down the principle of separation of powers: legislative, executive and judicial power. Over the time, the principle of separation of powers, although in practice its enforcement experienced more than two centuries, it hasn’t expressed itself in a pure form, not even in the most advanced democracies. Whether it is approached the thesis of a more flexible or more rigid separation of powers or the thesis on certain exceptions to those two situations specific to certain political regimes, the principle of separation of powers is the fundamental mechanism in ensuring a balance of powers and preventing the establishment of a dictatorial or authoritarian regime. The complex content of the rule of law consists of: the rule of law regency; the capitalization on the actual size of the fundamental rights and freedoms; the achievement of the balance/mutual cooperation of public authorities and the performance of free access to justice. If the form of State organization of the political power of the people is done by several groups or categories of State bodies with functions and features clearly defined and characterized by organizational and functional autonomy, as well as mutual balance and collaboration, it is emerging the principle of separation of the State powers balance.
Authors and Affiliations
Emilian CIONGARU
Keywords
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