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Constitutional principles governing access to state power


Author: Cuculescu Andrei
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:2019
Scientific adviser: Sergiu Ţurcanu
doctor, associate professor (docent)
Institution: Free International University of Moldova

Status

The thesis was presented on the 6 April, 2019 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.52 Mb / in romanian

Thesis

CZU 342 (043.3)

Adobe PDF document 1.42 Mb / in romanian
169 pages


Keywords

Constitutional principle, democracy, sovereignty, people, power, elections, referendum, electoral system, political party, representative authorities

Summary

The structure of the thesis: introduction, 3 chapters, conclusions and recommendations, bibliography with 233 titles, 149 pages of basic text. The obtained results are published in 7 scientific papers.

Field of research: Сonstitutional law.

The purpose of this PhD thesis is to conduct a scientific research on the essence and content of constitutional principles in the context of the access of citizens of a state to power in order to ensure its legitimacy and legality. Research objectives: Clarifying the role and possibilities for achieving the constitutional principles that are governing access to state power in the context of the access of citizens of a state to power; identify and analyze the constitutions regulations of other states on the principles that governing access to state power, highlighting in this regard the similarities, differences, limitations and gaps; enhancing the role of elections and political parties as fundamental components of the democratic system and methods for the selection of political leaders of a State; formulating recommendations for improving the regulatory framework in the field.

Scientific novelty and originality lies in the fact that the thesis is a comprehensive study within which investigates the correlation between constitutional principles governing access to state power by methods of accession to state power and the tools available to the people in the formation of the governing bodies in the state and investing them with legitimacy.

The main scientific problem solved consists in elucidating and justifying the correlation between the the constitutional principles that are governing access to state power with the ways of accession to power in a democratic state, which helped clarify issues and democratic procedures to be followed and met by those wishing to come to power in the state, all of which have an impact on the increase of the responsibility of the people's representatives and the improvement of the national legislation in the field.

Theoretic importance and applicative value of the thesis. Theoretically, thesis represents a comprehensive analysis of the correlation between constitutional principles governing access to state power with the ways of accession to power in a democratic state. The applicative value of the thesis is perceived by the possibility of using the scientific ideas formulated in the thesis in the process of teaching-learning at law faculties the courses of constitutional law, political science, electoral law, etc. At the same time, the thesis will serve as a doctrinal support in the process of amending and completing the Constitution, electoral norms, as well as adjusting the internal legislation to the provisions of the international democratic norms and rigors and those established by the EU.

Implementation of the scientific results. The research results, the conclusions and the recommendations that were finalized during the study were presented in the scientific articles, in specialized journals, as well as discussed and evaluated during the conferences. The scientific results of the paper will be reflected in the studies process of undergraduate and postgraduate students, of institutions of higher education in Law in the field of public law. Also, the proposed recommendations are able to contribute to improving the practical work of state bodies and improving the legal framework.