The legality principle in the activity of the Public Administrations 209
causal/historical influences that explain the existence of a particular legal provision,
at a certain given place and time. Explaining the law necessarily implies identifying
and explaining those factors that condition the difference in its conceptual unity,
alongside a correct appreciation of their influence upon its content.
2. The relation between law and politics
The pursuit of the evolution and interactions of law and the social-political
factor can attest the tendency of certain components of this factor (economy,
politics, ideology, culture) to subordinate law and to transform it into a technique
that could be used to any final end. Paul Roubier stated that law is a “science of
means”. In the light of this characterization, it could be stated that politics should
set the purposes of government while the law should choose the means for
reaching these purposes and in this scheme the place the law has is a subordinated
one2. If we are to admit the thesis according to which society is founded upon,
develops and perfections within an order, this order implies a certain discipline
and the role of politics is to conceive this discipline and order while the law has the
task of exteriorizing it. The two phenomenon therefore seem inseparable. Politics is
done within the law and the law finds in politics the means through which its legal
provisions acquire efficiency3.
Analyzed under a functional aspect, politics is an activity that leads and
organizes society in its entirety. Law in general, and constitutional law in particular,
has the task of giving a normative shape to the political system of society, regulating
through its legal provisions its organization and its perfecting4.
Specialists have defined the political power as a power that drives, a decision
and coordination power that belongs to the leading state apparatus5. Political
power allows those that hold it and exercise it to determine the ensemble of
national policies both on national level and international level and implicitly the
legislative policy. Thus, law is political first due to the procedure of its elaboration,
a state procedure6. It has been stated in the scholarly literature that the state is the
creator and organizer of law, the subject of law that is called to obey and apply
what it has created7.
2 Nicolae Popa, Teoria general a dreptului, 3rd Edition, C.H. Beck Publishing House, Bucharest,
2008, p. 66.
3 Vasile Ptulea, Fundamentul politic Оi ideologic al dreptului, in „Revista Român de Drept”, no. 11, 1973.
4 Finality of law, the principles of state organization, and the solutions adopted in the economic
field, labor relations, family relations, etc. cannot be explained without referencing these solutions to
the political organization of the society. Vasile Ptulea, cited, p. 7.
5 The definitions belongs to G. Burdeau, „Traité de science politique”, cited in Maria V. Dvoracek,
Gheorghe Lupu, „Teoria general a dreptului”, ”Chemarea” Publishing House, Iaşi, 1996, p. 53.
6 Vasile Ptulea, cited, p. 5.
7 Radu I. Motica, Gheorghe Mihai, „Teoria General a Dreptului”, All Beck, Publishing House,
Bucharest, 2001, p. 190.