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The equilibrium of powers in a state, as the pillar of constitutionalism in Romania and Republic of Moldova (comparative research)


Author: Drilea-Marga Marian Pompiliu
Degree:doctor 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:2010
Scientific adviser: Gheorghe Costachi
doctor habilitat, professor, Institute for Legal Research and Policy ASM
Institution: Institute of History of the ASM
Scientific council: DH 15-12.00.02
Institute of History of the ASM

Status

The thesis was presented on the 23 April, 2010
Approved by NCAA on the 3 June, 2010

Abstract

Adobe PDF document1.00 Mb / in romanian

Keywords

equilibrium of powers; legitimation of power; legality of power; collision of powers; supple separation of powers; rigide separation of powers; cheks and counterbalance; legislative delegation; government power etc

Summary

The equilibrium of powers in a state, as the pillar of constitutionalism in Romania and Republic of Moldova (comparative research)” Thesis prezented the award of doctor’s degree in law. Chisinau, 2010, 141 p., bibliography – 171, 14 publications.

Field of study and thesis objectives. The thesis is studied in series main features and pecularities of equilibrium of powers in a state in the countries Romania and Republic of Moldova. It is observed the process of legitimation of the period of the transition and new constitutional social order, formation and functioning of new state institutions – President as Chief of state, democratic Parliament and executive power (Government) in the context of divizion of powers.

The scientific novelty and originality. On the basis of analysis of different approaches to comprehension and essence of equilibrium of powers in a state in the thesis is given its definition as an extraordinary mechanism in the evolution of the society, accompanied by creation of new system of political, social and economic relations.

A separate place is reserved to the introduction of the principle of separation of powers in the constitution, mechanism of realisation of the principle of separation of powers in the state with different formes of government. The mechanism of separation, cooperation and counterbalance in the activity of branches of the state in presidential, parlamentary and sepiparlamentary republic is analysed. Further on the present situation of the theory of separation of powers in a state is investigated. Past heriage essentialy influences upon the formation of new state institution – President and Parliament, especialy upon the relation between Parliament and Chief of the state.

Theoretical significance and applied value. Is accentuaded the characteristics of the of equilibrium of powers in a state in România and Republic of Moldova. A special attention is concerning the activity of bodies of the government in the law state in accordance with the separation of powers in the state. In this Ph.D.Thesis was investigated the co-report between the legislative, executive, and juridical powers in performing the administration in the România and Republic of Moldova.

Implementing of scientific research. The implementation of scientific recomandations by the equilibrium of powers in a state, as the pillar of constitutionalism in Romania and Republic of Moldova would significantly improve the affairs of the process of the equilibrium of powers in a respectives states.