Delegarea legislativă – necesitate sau oportunitate pentru Guvernul român?
Legislative Delegation - Necessity or Opportunity for the Romanian Government?

Author(s): Oana Șaramet
Subject(s): Constitutional Law
Published by: Universul Juridic
Keywords: principle of the separation and balance of powers; executive power; legislative delegation
Summary/Abstract: One of the simplest definition of the notion of constitution (politeia) says that this represents “on orderly distribution of power”, as a way of organizing the offices of the city-state, particularly the sovereign office, in Politics, Aristotel added that a constitution must be the foundation of the state organization which has to include the organization of the sovereign power, a state can function well only if it is organized in three components corresponding to three public powers provided by the modern constitutions: legislative power, executive power and judicial power. But Aristotle also underlined that the settlement of any government, perfection must not be achieved, but the government must be practicable. Throughout time, the political and constitutional history of states has shown that the organization of the state can not only involve a separation of these three powers, the mutual cooperation and control between them must ensure their equilibrium. Not even in an ideal, utopian society, those three powers could not function separately, their constitutional role and attributions forcing them to relate each other. In this context, nowadays, a practicable, a practicable government must provide viable solutions for situations when, for example, the legislative power cannot, for objective reasons, exercise its legislative function, and this solution is the legislative delegation, as it has been identified and written in the modern constitutions. Thus, the constitutional lawmakers have regulated a legal institution that allows the government to "legislate" temporarily in place of the legislature. However, "legislating" without going through the parliamentary steps of this procedure, with a weak or almost non-existent parliamentary control, encourages any government to take full responsibility for the law-making.

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