Suchergebnisse

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.

1: Functiile si misiunea sa. (Übers.: Seine Funktionen und seine Mission.). - 1999. - 319 S. - ISBN 973-9399-22-3; 2: Personalitatea statului si organele puterii. - 1999. - 335 S

This study aims to answer the question whether Christian Orthodoxy can inspire political movements. In so doing we start from the political theories of modernity where the link between Christianity and democracy is central. Our result sounds unexpected: interaction between Orthodoxy and democracy seems to not have a perspective. It is too late for it since most political movements in post-communism do not have the religious identity of their members as criterion. The situation was not different before. As an example the effort of the orthodox theologians and laymen in Romania before the outbreak of the Second World War is quoted here. Almost without an exception all focused and restricted their interest on the question of the nation. Therein we see the principal reason for the above postulated perspective of an orthodox political doctrine until now. On the European level the situation looks also no better. Even the parties, which attribute themselves the Christian values, have at present large difficulties to convey their message. It remains only to hope that the political actors rediscover the social and actively support the Christian ethics in the public area. Only so can democracy be regarded as one of the most important binding forces also under the Christians.

In the conservative imaginary, at least in the cases of Constantin N. Brăiloiu and Alexandru N. Lahovary, France was not deemed a functioning political model (i.e., a political or constitutional regime) that Romania should have followed. Compared with the English political model (or rather with the Anglo-Saxon one, since the reference sometimes included the United States of America) and with the Belgian regime, France was certainly a less favoured option. However, without exception and despite all discursive artifice, in the perspective of these two politicians, who were evidently Francophile, both by education and by cultural affinities, France undeniably remained a landmark of civilization or administrative and economic efficiency, and sometimes a beacon of legal inspiration. It must be said that the latter perception was in no way related to Constantin N. Brăiloiu and Alexandru N. Lahovary's conservative convictions. It was commonplace in the local cultural imaginary, which, regardless of one's political, social or cultural affiliation, repeated the encomiastic mantra dedicated to imperial France, to whom the Romanians were convinced that they owed the existence of their nation. In fact, one should not overlook another typical belief of this political imaginary, which is illustrated in our case by Alexandru N. Lahovary: the Romanian politicians were persuaded that the ideals included in the Declaration of the Rights of Man and of the Citizen were exclusively due to the France of 1789.

In this article is analyzed the essence and importance of soft power in the US foreign speech, as well as directions of activity of this instrument under the conditions of the Republic of Moldova. The soft power concept, its manifestations and its main sources are determined. It is argued that soft power is a mean to obtain favorable results, relying on conviction, voluntary participation, sympathy and attraction, representing the ability to influence other states in order to achieve own goals, through cooperation in certain areas, directed towards persuasion and formation of a positive perception. It is noted that the US government pays particular attention to soft power tools, implemented by both government agencies and a large number of community organizations and individuals, with the purpose of shaping a positive external image of the state. Regarding the implementation of the US soft power instruments under the conditions of the Republic of Moldova, it is concluded that the USA offers real opportunities in order to know and capitalize the achievements of the American nation. Given that the US is a superpower on the international arena, development of a strategic partnership between the Republic of Moldova and the US has a particular relevance in solving several problems that our state cope with, such as state integrity, European integration, democratization of society, etc. US has a rich and successful experience in the use of soft power, that is why the Republic of Moldova should "adopt" some certain aspects of the soft action in its foreign policy.

Since its origins, in the context of the Cold War's beginning, NATO has been a robust defensive alliance, acting in accordance with UN Charter, as a collective defence structure based on solidarity and mutual trust. Nowadays it has 28 member states and one can say that it fulfilled its main role: to protect the West against communist/Soviet threats using the deterrence and containmemt tools. Neither USSR nor its main instrument, the Warsaw Pact dare to attack the Euro-Altantic area. Our main assumption is that because the specific national interests of each member state, because of the domestic-constitutional issues and bureaucratic obstacles, the Alliance cannot yet forge a common strategic culture for all its members and also lacks a common lens for detecting real risks and therats, be they nation states or non-states actors. Nowadays, Russia and Islamic State are the main adversaries for the Western states, thus NATO should be more effective in dealing with them. And there is a need for reform and transformation. Divergences between adepts of territorial defence and those of pro-active "out of area" missions go in addition to divergences concerning the neeed for increased defence budgets for all members and especially concering the attitude towards Russia. Moscow used economic and energy tools trying to divise some allies like Hungary, Greece and Bulgaria and it partially succeeded. Using some theories of alliances and of democratic peace, resorting to recent facts and figures related to NATO's activities and plans, will help the reader understand the problem of increasing the power vs. increasing the security dilemma and the prospect of future conflicts.