Consideration on Monocratic and Dualist Executive Powers as Components of the State

Author:Mariana Mihaela Nedelcu
Position:University of Bucharest, Faculty of Law
Pages:285-288
SUMMARY

The concept of rule of law implies the limit of the state rights, it regulates their activity, the excess and the arbitrary and sets his own rules of conduct. Montesquieu was the one who clearly formulated the principle of separation of powers, inspired by the ancient Aristotle and the English philosopher Locke, having the English regime as amodel, which had known separation of powers from the... (see full summary)

 
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Legal Sciences
285
Consideration on Monocratic and Dualist Executive
Powers as Components of the State
Mariana (Vanghelie) Nedelcu
1
Abstract: The concept of rule of law implies the limit of the state rights, it regulates their activity, the
excess and the arbitrary and sets his own rules of conduct. Montesquieu was the one who clearly
formulated the principle of separation of powers, inspired by the a ncient Aristotle and the English
philosopher Locke, having the E nglish regime as a model, which had known separation of powers
from the XIII century (legislative, executive and judicial). Montesquieu preconfigured a political
system that highlighted a moderate government, by ensuring separation of powers and political
freedoms, where political freedoms can be exercised only i n a government where power is limited.
The doctrine of specialty defines executive power as a distinct function of the state, among the
legislative and judici al functions. Thus, in this function are f ound certain duties which are subject to
distinct acti vities of public authorities. Among these tasks, Jacques Cadart nominated: defining the
general policy of the country, drafting of laws necessary for the carrying of this policy, the adoption
of necessary regulations and individual law enforcement decisions for the operation of public
services, enterprise performance measures material on public order, territorial arrangement of the
armed forces and police, and management of international relations.
Keywords: separation of powers; presidential system; constitutional regimes
1. Introduction
The pluralist and liberal systems advance t he democracy. From the institutional point of view, the
democracy brings into focus the principle of separation and balance of powers of State. The level of
separation and cooperation within the powers is the one making the distinction between:
- strict separation of powers, characterized by the independence granted by the executive to the
legislative and also by the cooperation forwarded among them by the Head of State: the
presidential regime;
- flexible separation of powers, characterized by cooperation between the legislative and
executive, the former being equipped with action and pressure: parliamentary regime;
- semi-presidential regime appeared as a result of combination of the first two systems, so both
the legislative and the executive have bodies derived from the nation, equipped with direct
legitimacy from the holder of sovereignty. This regime does not support the superiority of one
power over the other, but most often it goes to the other extreme, promoting the Head of State,
which is called to ensure the balance between powers, even though it is part of the executive
power, therefore, most of the times, it becomes a presidential regime (Nedelcu, 2009, p. 53
and following).
1
University of Bucharest, Faculty of Law, 36-46 Blvd. M. Koglniceanu, Sector 5, Bucharest 050107, Romania, Tel.: +40-
21-307 73 00, Fax: +40-21-313 17 60, Corresponding author: avocatnedelcu@yahoo.com.

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