The structure of executive power. The structure's evolution of the executive power in Romania

AuthorOana Saramet
PositionFaculty of Law, Law Department, 'Transilvania' University of Brasov, Brasov, Romania
Pages163-171
AGORA International Journal of Juridical Sciences, www .juridicaljournal.univagora.ro
ISSN 1843-570X, E-ISSN 2067-7677
No. 4 (2014), pp. 163-171
163
THE STRUCTURE OF EXECUTIVE POWER. THE STRUCTURE'S EVOLUTION
OF THE EXECUTIVE POWER IN ROMANIA
O. aramet
Oana aramet
Faculty of Law, Law Department
“Transilvania” University of Braov, Braov, Romania
*Correspondence: Oana aramet, Transilvania University of Brasov,
25 Eroilor St., Brasov, Romania
E-mail: oana_saramet_2005@yahoo.com
Abstract: The monist or dualist character of the executive, a character determined by
the structure of the executive, must not be mistaken for the m onist or dualist character of the
parliamentary regime, in which case the government is still at “the center of attention” but
from a different perspective.
Keywords: executive power, structure, monocratic, dualist, evolution
Introduction
The appearance of the parliamenta ry regime determined the need for a second organ of
executive power
1
, name ly Govern, who is poli tically liable in front of the parliament, unlike
the head of the state - be it monarch or president - who is irresponsible from this point of view.
Thus, in regard to structure, we can distinguish between the monocratic or monist
2
executive
and the dualist or bicephalous
3
or bifurcate
4
executive.
The monist parliamentary regime was specific to the classical from and considered
“the double necessity of the cabinet to have the trust of the parliament and the head of the
state” because, in essence, the classic parliamentary regime meant the powers were separated.
This was translated by the constant collaboration between the head of the state and the
parliament through the government. Unlike the monocratic system, the dualist one, specific to
modern parliamentary regime meant the government had the Parliament’s trust
5
.
Monocratic executive
Doctrine
6
appreciates that the executive is monocratic or monist when the executive
function is entrusted to a single state entity. It is also stated
7
that this form of the executive can
be seen when the decision is focused in the hands of a single organism. Thus, we can talk
about a monocratic or monist executive when a single public a uthority of the state exercises
executive power.
Starting from this statement, we can see that such an executive structure was specific
to absolute monarchies where there was no separation of powers. Thus, the one who had
1
T. Drganu, Drept constituional i instituii politice. Tratat elementar, vol. II, “Lumina Lex” Publishing
House, Bucharest, 2000, p. 308.
2
See I. Vida, Puterea executiv i administraia public, Regia Autonom “Monitorul Oficial” Publishing
House, Bucharest, 1994, p. 31 and following.
3
See A. Hauriou, D roit constitutionnel et institutions politiques, “Montchrestien” Publishing House, Paris, 1972,
p. 653.
4
T. Drganu, Drept constituional i instituii polit ice. Tratat elementar, vol. II, “Lumina Lex” Publishing House,
Bucharest, 2000, p. 308.
5
See A. Hauriou, D roit constitutionnel et institutions politiques, “Montchrestien” Publishing House, Paris, 1972,
p. 209.
6
I. Vida, Puterea executiv i administraia public, Regia Autonom “Monitorul Oficial” Publishing House,
Bucharest, 1994, p. 31.
7
D.C. Dnior, Drept constituional i instituii politice. Exerciiul puterii în stat, vol. II, “Europa” Publishing
House, Craiova, 1996, p. 99.

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