Considerations on the Actuality of the Separation of Powers Principle in the Romanian Society Cover Image

Considerations on the Actuality of the Separation of Powers Principle in the Romanian Society
Considerations on the Actuality of the Separation of Powers Principle in the Romanian Society

Author(s): Stancu-Cătălin Dincă
Subject(s): Constitutional Law
Published by: Editura Hamangiu S.R.L.
Keywords: context; law; the separation of powers principle; emergency ordinances; society; stability;

Summary/Abstract: The sustainable development of a society cannot be achieved without taking into consideration the social, economic, political and regional contexts in which it is located. From this point of view, the Romanian society after 1989 is in a continuous search of identity, which although de jure, has been integrated into the European Union, de facto we note that it is in a permanent search of «integration», being under constant observation of the international organizations of which it is part. The question is whether a sustainable development of a society can actually be achieved in the absence of a sustainable system of law? Can we analyze the evolution of the Romanian society without scanning the system of law that governs it? Is it possible that a society whose legal system no longer complies with the principle of stability and predictability of legislative acts can in fact have a sustainable development? In the following we aim to analyze the applicability of the principle of separation of powers in the current context, whereas we consider that this represents an illustrative example regarding the fulfillment of the necessary conditions for maintaining the rule of law. The choice of the separation of powers is not purely random, but is determined by the legal topicality and its obsolete becoming. One of the factors which continuously contribute to its depreciation is the way in which the original purpose of the emergency ordinances institution has been distorted, excessively, by the representative of the executive power.

  • Issue Year: VI/2018
  • Issue No: VI
  • Page Range: 639-649
  • Page Count: 11
  • Language: English
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