NORMA JURIDICĂ – ÎNTRE LEGITIMITATE ŞI LEGITIMARE
LEGAL NORM - BETWEEN LEGITIMACY AND LEGITIMATION

Summary/Abstract: The issue of the legitimacy of legal norms – and the mechanisms by which they are legitimized – is fundamental to understanding how law functions. Not every norm that has entered into force and is "legal" (that is, adopted in accordance with formal procedures) automatically enjoys society’s acceptance as being legitimate. From the earliest times, from Roman law to the present, jurists and philosophers have sought answers to questions such as: What makes a law just and respected? and How can authority justify its power to impose rules? This article aims to analyse the distinction between the legitimacy of a legal norm (the quality or state of being perceived as legitimate in the eyes of society) and the legitimation of a legal norm (the process by which legitimacy is conferred or secured), from both a theoretical and an applied perspective. The approach will be multidisciplinary – integrating general legal theory, constitutional law, and legal philosophy – and will trace the evolution of these concepts from classical Roman law to the contemporary legal order. It will consider the historical and philosophical sources of these notions, the concrete mechanisms through which norms acquire legitimacy, as well as the practical implications for the rule of law and for the ways in which authority decisions are contested in today’s world. An effective legal norm must meet two requirements: (1) legal validity – it must be adopted by the competent body, following the procedures established by law (the aspect of legality or formal validity); and (2) legitimacy – it must be perceived as just, reasonable, and emanating from an authority entitled to issue it. The first pertains to the positive legal order; the second belongs to the order of social values and public acceptance. When the two align, the legal order enjoys stability and respect. When there is a gap – for example, when a law is adopted legally, but a significant part of society considers it illegitimate – tensions, challenges, and even constitutional crises may arise.

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