Political power, law and lawful state correlation

• Author: Nedelcu Paul-Iulian
• Position: Faculty of Social Sciences University of Craiova, Craiova, Romania
• Pages: 113-117

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

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

No. 2 (2012), pp. 113-117

113

POLITICAL POWER, LAW AND LAWFUL STATE CORRELATION

P. I. Nedelcu

Paul-Iulian Nedelcu

Faculty of Social Sciences

University of Craiova, Craiova, Romania

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

E-mail: paul_iulyan@yahoo.com

Abstract

The correlation state-law is distorted or optimized according to the political regime

understood as ”the way of associating political reports, as an expression of adequation of the

state to the purposes of power and to the vocation of its exercise”.

1

As appraised, “the large

palette of constitution and evolution of the political regimes, from the democratic ones to the

totalitarian one is bound up with the level of reflecting the will and interests of the citizens for

the institution of these regimes”

2

.

The review from a historical and synchronic point of view, as presented during

contemporaneity, emphasizes the aspects of the political power – law connection from which

the judicial doctrine states

3

.

Keywords: rule of law, political power, the state, the law.

Introduction

The role of the Law as conservation instrument of the domination over the majority of

the population in a community, born at the cross roads of archaic world and cultural world,

as a sign of progress and civilization, when the old patterns based on manners and tradition

do not satisfy anymore the interests of the world in full flourish.

Law confers trust and protection to the dominant groups, for the contribution as order

instrument but also as an instrument of the majority of individuals from a community that feel

somehow protected by its principles; therefore the immense value of law for the organization

of social structures and the role meant to exercise for the evolution of world was conceived.

The power did not consist, not even in the beginning, of gross force but on the

contrary it expressed the social condition of man and the power of regulations incumbent for

the exercise of power and its conservation.

Law serves the political objectives but as world evolves, does not accept as exclusive

the uncensored pattern of order, based on the arbitrary will but the motivational pattern, in

other words relations that are not arbitrary instituted but are more and more related to the

judicial values that step into the consciousness of the community. Politics and law merge

through the values to which they subsume and which they pursue to achieve.

Life is marked by irreparable contradictions between two antithetic processes: one of

manipulation, expression of the domination of the groups that rule, another one reversed, of

cultural dynamic culture starting from the interior of the groups allowing the overthrow of the

situation of dominant categories. If power is under the government of judicial element

meaning its consent, the acknowledgement of the ones legitimate to exercise power as a result

1

M. Duverger, Ianus, Les deuxfaees de l'oecident, Fayard, Paris, 1 969, p. 14.

2

C. Vrlan (coord.) a. o., Politologie, “Didactic i pedagogic” Publishing House, Buc harest, 1992, p. 43.

3

Ion Craiovan, Filosofia Dreptului sau Drep tul ca Filosofie, “Universul Juridic” Publishimg House, Bucharest,

2010, pp. 293-300.