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The judicial authority in executive state power

Author: Puşcaş Victor
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
Scientific adviser: Sergiu Cobaneanu
doctor, professor, Moldova State University
Scientific council:


The thesis was presented on the 25 December, 2007
Approved by NCAA on the 28 February, 2008


Adobe PDF document0.35 Mb / in romanian


CZU 42 (043.2)

Adobe PDF document 1.23 Mb / in romanian
163 pages


Judiciary, judicial authority, specialized courts of law, specialized judiciaries, judge’s responsibility, judge’s ethics, jury, contentious business falling within the competence of the administrative courts, exception of unconstitutionality, magistracy, magistrate, common law courts, constitutionality, immunity, immovability, independence


Any state no matter rich or poor, weak or powerful, well developed or undeveloped, needs an inaccessible, independent, impartial, transparent, foreseen and operative justice.

The basic goal of this work consists of the multiple investigation of the judicial power as one of the brunches of the state power. The judicial system of the totalitarian state had only one function, that of the repressive one. The person that reached to be judged had very few chances to defend her or himself.

In a democratic state the justice has another function, that of defending the human rights and fundamental freedoms, and first of all to defend the citizen from the abuses of the state representatives. None of the states can totally defend its citizens from the criminals, but a judicial state has the obligation to develop such judicial mechanisms through which to guarantee the protection of its citizens from the abuse from the individuals and most of all against the abuse and even from the neglecting of the totalitarian state (state authorities). As much as there is the possibility to punish the representatives of the legislative, executive and judicial power for the mistakes they have made, the judicial institutions will fulfil their functions as guards of the fundamental rights and freedoms.

While investigating the topic was taken in the fact that Moldova Republic is in the transaction period from the administrative system of a hyper-centralized economy to a system of free market economy, from a state dominant by the ideology of one party to the pluralism of ideas and parties. In such conditions it is very important to create a triple mechanism of protection of the man, insurance of the freedom of mass-media, the independence of the justice and the defense of the fundamental rights and freedoms of the citizens.

In the work is given the argumentation of the judicial power as a part of the state power equal with the legislative and executive power. It consists of judicial courts. The only bearer of the judicial power is the judge.

The Republic of Moldova has a qualitative justice only in case of insurance of the judicial power with qualified and responsible professionals, its development and creation of material, financial, technical support that helps to fulfil the justice.

The present work is a rigorous try of the analysis of the judicial power: