Suchergebnisse

One of the essential objectives of this work is to change the optical approach of the local power phenomenon, opting for the approach of the territorial organization of local power from the perspective of the realities of the contemporary world. Within the thematic framework of the paper, I have pursued that the territorial organization of local power to be treated from the perspective of political and administrative sciences, referring to the Moldovan realities, but also to the influences of the integration in the European space. In order to solve the theoretical and practical problems related to the efficient territorial organization of the public power, I have used the paradigm of the territorial organization of the public power as the basis of the phenomenon investigation. The key idea of the paradigm is that the phenomenon of public power in the contemporary democratic state must be tackled not only in relation to the state but more broadly in the aspect of the existence of both the public power of the people and the existence and functioning of the local collectivities' public power as a power that has the same social nature but is different as form and content from the state one. These communities have their own public power, based on two essential elements: the local population and the local electoral system through which its representative bodies (decision-making and executive) are elected. The chapters of the papers imply complex researches regarding the territorial organization of the local power, in the idea that they would allow to identify a model of territorial organization of the local power in terms of the interests and needs of local collectivities in the Republic of Moldova. The final objective of the paper was to develop a theoretical vision of the reform of the territorial organization system of local power in accordance with the new realities and that would meet the political, social and economic challenges facing the Republic of Moldova. Reforming the territorial organization of the local public power on the basis of the recommendations made in the paper will help to overcome the negative tendencies that occur in the processes taking place in the society. Searching solutions to solve or identifying possible ways to resolve a problem does not necessarily mean finding an undoubtedly mean to solve the problem or a definite answer to the existing issue. In many cases, scientific researches does not put the end point in a scientific dispute or in a contradictory approach of a phenomenon, they only develop it, broaden the knowledge space and update it, providing research space to other researchers concerned about that issues and opportunities of choice and documentation for political decision-makers.

This article justifies the role and importance of the separation of powers in modern society and in the state, consisting in the fact that this concept is the instrument of restricting the state power to protect the rights and interests of the person. As a rule, the separation of powers is opposed to the concepts of autocracy, the concentration of power in the hands of one person or one organ. The author recognizes the theory of separation of powers as being ideologically linked to the political legacy of Locke and Montesquieu and notes that the genesis of the theory of separation of powers is associated with the emergence of bourgeois political and legal theories, especially in the 17th century in England, D. Locke being the most authoritative political thinker. However, this theory received a classic formulation in the writings of the remarkable French philosopher, lawyer and illuminator Charles Louis Montesquieu. In this article, the characteristics of the original theories regarding the separation of powers of these prominent thinkers, who completed for the first time the concept of a democratically organized state with the optimal organization of the system of organs of state power, are subject to analysis

Since justice is carried out through the judiciary, composed of judges, this means that the judicial power is exercised only by the court în the person of the judge, the sole bearer of that power. The judge is the one empowered to investigate a case în order to clarify it, thus proceeding to a trial and then pronouncing a judgment, thus making an act of justice. But we can speak of a power (a system of organs that have the power to do justice, including by constraint) and not just authority, unless organically the independence of the members of the judiciary is guaranteed and the exercise of the power to judge is sovereign. Therefore, not only justice per se, as a branch of government must be independent of the executive and the Parliament, but also individual judges have the right to enjoy independence în the performance of their professional duties.

The internationalization of national constitutions includes an eventual unification of constitutional rules deemed necessary to intensify international relations. So, in a broader way it is invoked the impact of international law and international relations on constitutional law. The result of the internationalization of national rights is a progressive harmonization of concepts and legal rules. In the current state of international law, constitutions' internationalization corresponds a concrete impact of international law on constitutional norms. The current trend of constitutions is to regulate in a more accurate and comprehensive way the relations between the state and international law. International law does not require any particular form of the conclusion of international treaties. In intensification of international relations, international conventions and integration of states in international organizations, the Parliament carries important consequences for both on normative function and the control function. Such legislative activity is guided by international treaties concluded by the state. While the executive and the legislative are involved in the development of international law, the jurisdictional power intervenes to reconcile domestic and international legal norms. States do not devote supremacy of international law over their constitution. Because international treaties to be part of the national legal order is not enough that the procedure for concluding treaties to be respected. It is also necessary that treaties do not contravene fundamental state constitutional principles of human rights and the relationship between public authorities. The control of international treaties' constitutionality can be mandatory or optional. In the process of ratification of the treaty on EU European constitutional courts tend to create a similar design to establish the limits of European integration. In reality, the issue of constitutionality of international treaties control is a political issue and it is difficult to apply legal principles purely political matters. There are three categories of states in the aspect of national courts on constitutional regularity control concluding treaties.