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

Legal Sciences

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Consideration on Monocratic and Dualist Executive

Powers as Components of the State

Mariana (Vanghelie) Nedelcu

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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).

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University of Bucharest, Faculty of Law, 36-46 Blvd. M. Koglniceanu, Sector 5, Bucharest 050107, Romania, Tel.: +40-

21-307 73 00, Fax: +40-21-313 17 60, Corresponding author: avocatnedelcu@yahoo.com.