SEPARAȚIA PUTERILOR ÎN STAT - CONTROVERSĂ CONSTITUȚIONALĂ PERPETUĂ
SEPARATION OF POWERS IN THE STATE - PERPETUAL CONSTITUTIONAL CONTROVERSY

Summary/Abstract: Studying the separation of powers in the state today can be considered an extremely facile endeavor, as the principle of the separation of powers has been established for three centuries. The working hypothesis we start with is that, in reality, the separation of powers in the state is a desideratum, not a factual reality. This study discusses the notion of the separation of powers in the state, the origin, and the history of this principle in modern and contemporary democracies. We will examine, by way of example, how the principle of the separation of powers functions in major contemporary democracies, as well as in authoritarian regimes. Finally, after analyzing the principle of the separation of powers in the communist regime of Romania, we identify the greatest vulnerability of the 1991 Romanian Constitution.

• Details
• Contents