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Legitimacy of state power - complex and indispensable phenomena of contemporary human societies


Author: Arseni Alexandru
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:2015
Scientific adviser: Gheorghe Costachi
doctor habilitat, professor, Institute of History of the ASM
Institution: Moldova State University

Status

The thesis was presented on the 17 January, 2015
Approved by NCAA on the 24 February, 2015

Abstract

Adobe PDF document – 0.44 Mb / in romanian

Keywords

human society; state; power; state power; legitimacy; sovereignty; national sovereignty; form of government; political regime; principles; separation of powers; legitimacy of power; state body; state apparatus; state mechanism; state dignitary.

Summary

Thesis Structure: introduction, 6 chapters, general conclusions and recommendations, bibliography of 379 titles, 274 pages of the main text. Obtained results are published in 45 scientific papers. Key Words, human society; state; power; state power; legitimacy; sovereignty; national sovereignty; form of government; political regime; principles; separation of powers; legitimacy of power; state body; state apparatus; state mechanism; state dignitary.

Scope of research– elaboration of conceptual benchmarks for the state power legitimacy principle in the context of scientific rationale for the complex phenomenon of the state power from the point of view of construction of democratic and the rule-of-law state.

Objectives of research: definition of concepts: state power legitimacy; political system; national sovereignty; form of government; political regime; institutionalized system of the state power; state apparatus; scientific rationale for the state power legitimacy principle and function of the Constitutional Court in provision of the state power legitimacy; identification of functional relationship between gnoseological and practical context and the state power legitimacy in the complex process from genesis to activity of governors in implementation of the state power; determination of backgrounds and conceptual benchmarks for legitimacy of the state bodies and institutions, as well as principles and qualities of governors as an integral part of the complex process of implementation of the state power, scientific rationale for the complex phenomenon of the state power as an integral part of the constitutional law science; elaboration basing on conceptual benchmarks of the state power legitimacy branch within the constitutional law science; theoretical validation and practical recommendation of solutions to ensure the state power legitimacy. Scientific novelty and originality. It is expressed through formulation and argumentation of a new principle of the political regime - principle of the state power legitimacy – immanent condition for the rule-or law and democratic state.

Together with the principle of separation of powers in a state, this principle will permit clear delimitation between democratic political regimes and non-democratic ones. At the same time, the principle of legitimacy determines solution of scientific problem of large applied significance for the following: 1) Obligation of the head of state to decline capacity of the party member and to exercise new function – intermediation function, 2) Constitutional Court – provision of legitimacy of the state power and state bodies involved in the process of the state power realization.

Principially new obtained results for the science and practice: staging of the evolution of the legitimacy phenomenon; identifying the properties and elements of the political system – the environment of the state power; the scientific substantiation of the principle of state legitimacy and as a praxiological consequence, of a new function of the Constitutional Court to ensure the legitimacy of the state power; conceptualization of the institutional system of state power and determining a new research direction – the legitimacy of state power – an integrant part of the science of constitutional right and activity domain of the Constitutional Court. Theoretical significance. Theoretical study contributes solution of major problems for the science in general and constitutional law as a scientific branch.

The state power legitimacy namely identifiesthe balanced impetus for interaction and collaboration between branches of power in a state in conditions of the contemporary democratic political regime. Supremacy of law is based on the legitimacy of the Constitution itself, while these qualitative preconditions can be implemented in conditions of application and compliance with the principle of legitimacy of the state power and state bodies involved directly in the complex process of establishment, maintenance and exercising of the state power.

Applied value of paper. As a result, the set of proposals of theoretical and practical nature was elaborated. Implementation of these proposals can affect decisively existence, maintenance and even vitality of the state power legitimacy and consolidation of the contemporary democratic political regime - phenomena justified inclusively due to legislative modifications characterizing the process of formation of the rule-of-law and democratic state.

Implementation of scientific results. Research results shall be used in elaboration of courses of university and post-university education in law, as well as in improvement of the normative and juridical support in the field of constitutional law.