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Autoritățile autonome ca putere neutră
Autonomous authorities as neutral power

Author(s): Dan Claudiu Dănişor
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: neutral power; autonomous constitutional authorities; autonomous administrative authorities; political freedom; experts.

Summary/Abstract: Neutral power can manifest itself in modern liberal democracies also in theform of autonomous authorities. Their neutrality is based on two kinds of reasons.The first category involves the positioning of the neutral authorities outside theseparation of powers in the state, their reactive (not active) political character andtheir role of balancing the separate powers of the state or of balancing the relationsbetween the state and civil society. They are in the Romanian law authorities withconstitutional status. The second category of authorities that call/considerthemselves neutral founds its position on the neutrality of the experts in theirstructure. They have in the Romanian Constitution the status of some atypical,autonomous administrative authorities.Modern states are based on political freedom, i.e. on the liberation of manfrom objective laws. The expression of this freedom substantiates all theinstitutional mechanisms of modern constitutionalism. In exchange, the autonomousadministrative authorities are set up to release the regulation of certain socialmechanisms of political influence. They are not based on modern political freedom.Formed of experts who know the „objective” laws of social development and applythem „scientifically”, these authorities are „objective”. It is thus created adichotomy: the people or the expert? The increasingly dense contemporary optionfor the expert can lead to significant risks for the human rights and for thedemocratic system.

  • Issue Year: 2018
  • Issue No: 08
  • Page Range: 92-112
  • Page Count: 21
  • Language: Romanian
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