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Intensifying the legal activism of the citizens through Bar Institution – condition for State of Law edification


Author: Gheorghe Avornic
Degree:doctor habilitat of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2006
Scientific consultant: Ion Guceac
doctor habilitat, professor, Moldova State University
Institution:

Status

The thesis was presented on the 10 December, 2005
Approved by NCAA on the 26 January, 2006

Abstract

Adobe PDF document – 0.32 Mb / in romanian

Keywords

State of Law, The Bar Institution, The Legal Activism of the Citizens, The Bar Organization and Activity, The appearance and evolution of the “State of Law” idea, The basic Principles of the State of Law, The Bar Appearance and evolution, The Bar Functions, The Legal Activism of the Citizens, the Legal Status of a Lawyer, Legal Aid, Human Rights, Social Equity and Equality Rights, The Forms of the Legal Activism of the Citizens, The Functions, The Content of the Legal Activism of the Citizens, The principles of the legal Activism of the Citizens, The Free Acces to the Justice, Free Legal Aid, The Methods of Legal Activism of the Citizens, Ex officio Legal Aid, the Law Supremacy, The Principle of te State Powers Separation, Democracy, Political Pluralism, The Protection Bodies of the Legal Norms, Prosecuting, Juridical Instances, The bodies of Criminal Proceedings

Summary

The legal phenomenon is a subject that has been inquired for a long period of time by social scientists generally and law specialists. The main goal of the research presented is the deepest investigation of the legal phenomenon from the perspective of State of Law and the Bar Institution.

A special attention is accorded to the concept of legal activism of the citizens. The need of the research is dictated by the development of State of Law itself.

The investigation of the scientific subject presented which is according to the author a very complex one, determines him to approach interdisciplinarelly to the State problem: first from legal matter, then philosophical, psychological and social one. As a direct consequence of the inquiry, the work is presented as being a novel model of the legal phenomenon research which comprises the fundamental axes of the state of law, the Bar Institution and the legal activism of the citizens.

Thus, law domain is featured by specifity and diversity at the same time. Its specifics are determined by the domain to which is accorded and the connections that characterize it. Diversity is linked to the fact that the whole social system among other factors contribute to law creation and development.

A retrospective analysis is used in order to enforce the methodological model of the work presented. At the same time author analyses and establishes the valences which are functioning like links between the realities of legal phenomenon. Those links have a major importance for the development of contemporary society.

For being confluent, author emphasizes that the legal activism of the citizens is a complex phenomenon, that in order to be explained has to be inquired from a convergent and not divergent perspective. The convergent approach and the systemic analysis lead to the affirmation that the work presented is a complex, interdisciplinary research at the theoretical and pragmatical levels as well, of the legal phenomenon.

The evolution of the contemporary society demonstrates a strict need of its tendencies inquiry. That is why the work is axed on the investigation of three major social institutions which contribute to the development of the contemporary Moldovan State.

The principles of social equity and equality which are directly bounded to the fulfilling of the fundamental human rights are the basis of Bar Institution. For developing a complete inquiry, author proposes a novel scientific concept – that of Legal Activism of the Citizens, which is one of the major issues in a State of Law development.