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The part of people’s sovereignty within the state organization of capacities (judicial aspects)


Author: Nemţoi Gabriela
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:2011
Scientific adviser: Anatolie Bantuş
doctor, professor, Institute of History of the ASM
Institution: Institute of History of the ASM
Scientific council: DH 15-12.00.02-27.03.08
Institute of History of the ASM

Status

The thesis was presented on the 30 November, 2010
Approved by NCAA on the 24 February, 2011

Abstract

Adobe PDF document – 0.38 Mb / in romanian

Keywords

Constitutional law, people’s sovereignty, national sovereignty, state power, political power, separation of state powers, Government, Parliament, Jurisdictional Authority, Executive, Legislative, Ordinances, assuming the governmental responsibility, Parliament’s responsibility

Summary

Structure of PhD thesis: Introduction, four chapters, general conclusions and recommendations, references of 284 titles, 156 pages of basic text.

Number of papers on thesis field: The results achieved are emphasized in 17 scientific papers.

Field of study: Specialization: 12.00.02 Public law (constitutional), organization and functioning of law institutions.

Aim and objectives of PhD thesis: The main aim of PhD thesis consists in analyzing and identifying the theoretical and practical problems, on study over the way of organizing the state power in Romania and Republic of Moldavia, as considering the part of people’s sovereignty.

Within this thesis, outlining the organization problems that mark the activity field of the state institutions, as bodies that exercise and maintain the power in a state of democratic law.

Research methodology. In the study we have considered research material doctrinal theory and normative-legal and practical to apply the following methods: historical, systematic, analytical and logical and legal. The results extend the study to the subject issued, but not complete this research. The comparative method is an essential element for the study because its use highlights the positive and innovative elements that have led to the business of government through their public authorities, but also any errors that may occur in the work of exercise and maintaining power. In the process of developing work methods were used such historical analysis - used to investigate the origin and evolution of the theory of separation of powers and constitutional principles of the two countries - Romania and Moldova logical analysis (analysis of deductive, inductive, typology, generalization specification, etc..) - used consistently throughout the work especially in carrying out the synthesis of various authors specialized views, opinions used to describe trends in the evolution of democratic principles.

Scientific novelty and originality. This paper includes a complex investigation, based upon: a comparison between two different constitutional systems – that of Romania and that of Republic of Moldavia; a parallel study between the three functions of the state power, by identifying the main points of interference between them; making clear the notion of “people’s sovereignty” and a stigmatization of the obvious understanding, as related to the European integration. The conceptual frame allows a scientific analysis on identifying the notions of sovereignty and the main principles of organization and functioning of the state power; the investigation of aspects concerning the way of representing the people’s wish at electoral level, and by referendum using a comparison between the two states, Romania and Republic of Moldavia and their limitations; outlining the impact of the institutionalization process and of state bodies, in accordance to the classical functions of the state, meaning legislative, executive and judicial – as method of organizing the state power; investigating the main aspects that are related to the interference between branches of the state power, so as to determine the reports created between these, according to the democratic principles.

Theoretical significance of the study. This thesis represents a teaching support for students and master’s students of Faculties of Law and Public Administration specialties. The conclusions and recommendations concerning the improvement and optimization of the organizing way related to state power bring a contribution to the doctrinaire basis of the constitutional law, as reference documentation for the theoreticians of this specialty. This thesis includes a series of scientific conclusions and recommendations, which aim on completing the judicial problems as concerns improving the equilibrium mechanisms within the separation of state powers, and implicitly on their collaboration, in the view of accomplishing the constitutional prerogatives.

Applicative value of the paper. At doctrinarian-theoretical level, a point of view was emphasized, according to which the state functions represent the fundamental equilibrium that coordinates the public institutions, related to subordinated collaboration, in order to exercise the state power. At normative-legislative level, the provisions in force of the national legislation of the two states Romania and Republic of Moldavia are analyzed, and implicitly, their aligning to community’s legislation; in this way recommendations were given, where the most efficient solutions that find applicability towards public authorities were outlined. At judicial-teaching level, the comparative analysis of the public authorities system emphasizes an accentuated side of developing and integrating the knowledge activity over the problems studied, towards the teaching process.

Implementation of scientific results. The conclusions and proposals offer solutions on modernizing the functional frame, as concerns the institutionalization of public authorities and can be used as initial material over a potential through approach of the problems. Regarded from a doctrinarian perspective, this paper suggests a clear, moderating and equilibrated management of the state power, by means of the instruments – as bodies of public authorities – which serve people in the process of maintaining and exerting the state power.