Statul de drept și constrângerea administrativă
The Rule of Law and Administrative Coercion

Author(s): Iulian Nedelcu
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Universul Juridic
Keywords: concept of rule of law; administrative constraint; administrative liability; Constitutional Court; Romanian Constitution;
Summary/Abstract: The overthrow and overthrow of totalitarian, communist regimes that lasted for several generations and introduced radical changes in all structures of society - economic, political, ideological, cultural - and in life, the reorganization of these societies on a democratic basis has particularly updated the concept of the state. That should guide the evolution of the former socialist countries in accordance with the authentic social values of the developed democratic states. In this context and in the Romanian legal doctrine, various definitions have been proposed which, in one form or another, attempt to highlight the conceptual core of the rule of law. Thus, in Romania, immediately after the 1989 revolution the opinion was formulated that the rule of law is „a politico-legal concept that defines a fo rm of the democratic regime of govern ment from the perspective of the relations between state and law, between power and law by ensuring the rule of law and of the fundamental rights and freedoms of man in the exercise of power”. Another author notes the organization of the rule of law on the basis of the principle of the separation of powers of the state, in the application of which the justice acquires a real independence and strengthening by its legislation the promotion of the rights and freedoms inherent in the human nature, ensures the strict observance of its regulations by the whole of the state organs throughout their activity.

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