The assumption of legitimacy of the lawful state actions

• Author: Nedelcu Paul-Iulian
• Position: Faculty of Law and Administration, Department of Public Law and Administrative Sciences University of Craiova, Craiova, Romania
• Pages: 103-109

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 1 (2013), pp. 103-109

103

THE ASSUMPTION OF LEGITIMACY OF THE

LAWFUL STATE ACTIONS

I. Nedelcu

Iulian Nedelcu

Faculty of Law and Administration, Department of Public Law and Administrative Sciences

University of Craiova, Craiova, Romania

* Correspondence: Iulian Nedelcu, 16 M. Koglniceanu St., Craiova, Romania

E-mail: avocatnedelcu@yahoo.com

Abstract

A defining feature of the lawful state uttered by the specialty literature is the

constitutional regime. It is not about any kind of constitutional regime or about a mere

declarative constitution which institutes an elusory legitimacy, but about the constitutional

consecration of several principles, such as: separation of powers, the difference between

constituent power and constituted powers, representative government, the control of the

constitutionality of the laws, this last one being determinant to secure the consecrate values in

order to promote the constitutionalism to its full sense

1

.

Keywords: legal, governance, rule of law, opportunity.

Introduction

The corollary of lawful state should be constituted of the consecration, indemnity and

promotion of the human rights at the level of international standards, the achievement of the

climate agreeable to the manifestation and capitalization of human beings in order to utter to

what extent the state and law are virtually for man.

The assumption of legitimacy also called the assumption of compliance with law

2

,

implies the condition of acts and facts of the state authorities to correspond to the judicial

norms written in the Constitution

3

but also in laws and in other judicial acts issued in

pursuance of law

4

.

The fundamental law that normalizes the principle of legitimacy as one of the essential

elements of the lawful state and of its administration, that finally denotes the subordination of

every public authority to the Constitution and to Law and represents a warranty of natural

persons and legal persons of the civil society against the abuses and mistakes coming from

the actions of the authorities. Therefore article 1 par. 5 of the Constitution of Romania,

republished statutes as compulsory the abidance by Constitution, its supremacy and the law

supremacy, while in article 16 par. 2 imperatively providing the principle according to which

”nobody is above law”.

In a generically form, to which we acquiesce, in the judicial literature consecrated the

view according to which by the legitimacy of the state authorities activity with the laws

1

M. Troper, Pour une theorie juridique de l'Etat, P.D.F., P aris, 1994, p. 203.

2

J. Rivero, J. Waline, Droit administratif, Precis Publishing House, P aris, 2000, p. 107.

3

As shown in doctrine The Pillar of Legitimacy is represented by The Constitution of every lawful state – A. R.

Lazr, Legalitatea actului administrativ, All Beck Publishing House, Bucharest, 2004, p. 53.

4

I. Alexandru, M. Cruan, S. Bucur, Dreptul administrativ în Uniun ea European, “Lumina Lex” Publishing

House, Bucharest, 2007, p. 349; A. Iorgovan, Tratat de drept administrativ, vol. II, All Publishing House,

Bucharest, 2005, p. 43.