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
SUMMARY

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,... (see full summary)

 
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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. Koglniceanu 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.
Lazr, Legalitatea actului administrativ, All Beck Publishing House, Bucharest, 2004, p. 53.
4
I. Alexandru, M. Cruan, 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.

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