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The European constitutional systems (The concepts and politico-legal practice)


Author: Cuşmir Marcel
Degree:doctor habilitat of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Year:2009
Scientific consultant: Andrei Smochină
doctor habilitat, professor, Institute of History, Academy of Sciences of Moldova
Institution:
Scientific council:

Status

The thesis was presented on the 29 December, 2008
Approved by NCAA on the 18 June, 2009

Abstract

Adobe PDF document0.48 Mb / in romanian

Thesis

CZU 342.4(043.2)

Adobe PDF document 1.34 Mb / in romanian
241 pages


Keywords

a mode of the personal power, a political mode, a presidential index, an executive power, an index of the constitutional system, Central and the Eastern Europe, criteria of typology, division of the authorities, institutionalism, legislature, parliament, parliamentary system, political institute, presidential powers, presidential system, semiparliamentary system, semipresidentialy system, the board form, the constitutional engineering, the constitutional system, the government, the judicial power, the legislative initiative, the parliamentary index

Summary

The present work is a constitutional law study regarding the European constitutional systems, motivated by the character of changes that have occurred in the politico-social life at the turn of the 20th and 21st centuries. All the European states from the former communist camp have gradually created their own new institutional bodies, adopting constitutions based on democratic principles. But the juridical-political practice often indicates a lack of concordance between the constitutional models and the various forms of ex-communist societies. Under the circumstances, the purpose that was set out is to conduct a study of the European ex-communist constitutional systems using a systemic and comparative approach, and also of the constitutional systems with an uninterrupted long-standing experience. The present study is an endeavor to reshape the concept of constitutional system and to motivate the opportunity of systemic approach of the governing process, outlining the constitutional system as the normative model, as the constitutional scheme that is at the basis of any contemporary political system. The study of this highly complex subject determined the taking into account of some aspects that, at first sight, seem very well-known, but in reality, thanks to their complex nature, proved to be rather blurred. In the constitutional law doctrine there are no homogenous and unanimously accepted interpretations, as well as satisfactory criteria that would define, correlate and set a boundary between the notions such as form of government, political regime, political system, constitutional system. The older the discussed notions are the more current they are and it is paramount to analyze them in a thorough and complex manner. The present work aims, partly, to fill this gap, by providing a new pattern of notions examination. A special place in this research was assigned to the analysis of advantages and deficiencies of diverse types of constitutional systems; the examination of factors that determined the constitutional option in the European ex-communist states; the analysis of current tendencies in the evolution of European constitutional systems. The study of the topic resulted in the elaboration of scientific theses and practical recommendations able to influence the development of directions that are a priority in the juridical-political science and practice. The work contains theoretical interpretations and author’s opinions that, often, are different from those of other experts in the field. The present study is an attempt to update the studied subject theoretically and scientifically with some theoretical and practical solutions in the domain and it is a reply to the current imperatives being able to offer comprehensive explanations with integration valences. The key terms: a mode of the personal power, a political mode, a presidential index, an executive power, an index of the constitutional system, Central and the Eastern Europe, criteria of typology, division of the authorities, institutionalism, legislature, parliament, parliamentary system, political institute, presidential powers, presidential system, semiparliamentary system, semipresidentialy system, the board form, the constitutional engineering, the constitutional system, the government, the judicial power, the legislative initiative, the parliamentary index.