Theoretical and Practical Aspects regarding the Constitutional Regime of Different States and the Challenges of the 21st Century

• Published in: Bulletin of the Transilvania University of Brașov. Series VII, Social sciences, law Social sciences, law, 2018, Vol.11 (1-Suppl), p.127-138
• Main Authors: Şaramet, Oana, Barbu, Silviu-Gabriel
• Format: Article
• Language: English
• Subjects: Anthropology; Charters; Constitutional law; Democracy; Human rights; Judicial powers; Rule of law; Social Sciences; Sociology; Theory; Values
• ISSN: 2066-7701

In any state which, constitutionally, recognizes its democratic character, it is admitted that power belongs to the people. The way in which this power is organized and is exercised by the public authorities, as well as the relations between these authorities, differs from state to state. Lately, constitutional state practice has revealed the tendency of the executive power in particular to increase its role instead of the other two powers in this respect; we can observe the more active involvement of the executive power in the exercise of the legislative function, by the delegated legislation, a function which was officially attributed to the legislative power. Also, this genuine fight sometimes affects fundamental values, such as the rule of law and democracy.In any state which, constitutionally, recognizes its democratic character, it is admitted that power belongs to the people. The way in which this power is organized and is exercised by the public authorities, as well as the relations between these authorities, differs from state to state. Lately, constitutional state practice has revealed the tendency of the executive power in particular to increase its role instead of the other two powers in this respect; we can observe the more active involvement of the executive power in the exercise of the legislative function, by the delegated legislation, a function which was officially attributed to the legislative power. Also, this genuine fight sometimes affects fundamental values, such as the rule of law and democracy.