Principiul separaţiei puterilor în stat - evoluţie şi actualitate
PRINCIPLE OF SEPARATION OF POWERS - EVOLUTION AND ACTUALITY

Summary/Abstract: The principle of separation of powers, founded by Montesquieu in his famous work “The Spirit of Laws” underlay the constitutional democracy, with a decisive role in the creation and promotion of representative system in which the people, sovereign holder of power, delegate it to its representative bodies. While the first adopted constitutions governed expresis verbis this principle, the constituent legislators gradually considered that this principle be suggested by a regulation in a default manner or by using expressions such as: public authorities, public functions, state bodies. Evolution of society, changes in the political, economic and social field have led inevitably to the aging of separation of powers theory, so that, by the second half of the 20th century, the idea of formulating expresis verbis the principle of separation of powers is abandoned, coming to a default regulation of this principle born from the interpretation of the constitutional provisions, from how the Basic Law regulates the public authority status, relations between them in the exercise of peculiars felling to them. In the contemporary context in which political parties play a very important role in precisely setting legal and political institutions, the continuity of traditional i.e. legislative or executive structures remains one of the specific features of democratic states, the tendency is to give political, decisional preference to the executive, i.e. the Government, Parliament reserving the right to control it. Although aging, classical theory of separation of powers is today a strong echo in the consciousness of the masses who perceived it as “the most effective recipe against despotism and in favor of freedom and democracy.”

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