Eseu Separarea Puterilor in Stat

REFERAT
Separation of powers in the state
The theory of the separation of powers appeared

in the century of Lights. It was a reaction against
the absolute monarchy, considered by divine law.
The absolute monarchy is a form of government
in which the king concentrates in his hands the
supreme power, considering the personification of
the state from which and the famous formula of
King Louis XIV: "the state is me" ("L'etat c'est
moi") . It is considered that this theory has
appeared in ancient times. Aristotle, in his work
"Politics", speaks that in every state arrangement
there are three parts. As things stand in each of
these parts, so are things in the entire state order.
[2] These parts are:
- The general assembly that deliberates the public
affairs;
- The body of the magistrates (officials) to whom the
command belonged;
- The judicial body that had the mission of carrying out
justice.
Aristotle describes various forms of activity of state
organs, but does not establish any division of functions
between these organs, he admits that the same person
exercises all three functions at the same time.
The one who gave the first formulation of the modern
doctrine of the separation of powers in the state was the
English philosopher John Locke (1632-1704) in his
essay "Essay on Civil Government". He attributed to
the given theory the value of a general principle of
state organization. In the given work, written in 1688,
he distinguished in the state three powers: 1) legislative
power; 2) executive power; 3) the federative power: the
power to make war, peace and to conclude treaties.
Among them, the supreme power is the legislative one,
because it adopts generally binding norms. The
executive power is limited in character and is entrusted
to the monarch. According to its conception, the
legislative and executive powers must be separated,
that is to say they are entrusted to separate bodies. The
executive and the federative power must be united in
the same hands. John Locke does not mention the
judiciary as a special power, but considers it dependent
on the legislative one.
Influenced by English doctrine, Charles Montesquieu
(1689-1755) in his book "L´esprit des lois" resumed
and deepened the problem of separation of powers.
According to Montesquieu, in every state there are
three distinct powers: legislative, executive and
judicial. These three powers must be attributed to
separate and independent bodies.
The theory of separation of powers in the state is
the basis of the Constitution of the United States
of North America of 1787 and of the constitutions
of the different states that make up this federation.
Article 16 of the French Declaration of Human and
Citizens' Law of August 26, 1789 raised it to the
rank of essential principle of any constitution: "Any
society in which the guarantee of rights is not
ensured, nor the separation of powers
determined, has no Constitution." This theory has
played an important role in the evolution of the
states of the world.
In its simplest form, the principle of separation of

powers in the state implies the exercise by the
state of three of three main functions: - the
legislative function, by which it is understood the
elaboration and the adoption of the generally
obligatory norms, destined to regulate the social
relations; - the executive function: it ensures the
application of these norms, with the power of the
state to resort to the force of constraint; -
Jurisdictional function: it includes the activity of
solving the disputes arising in the company, in a
public and contradictory procedure. Each of these
functions of the state are delegated to distinct and
relatively independent bodies from each other: -
legislative function - parliament; - executive
function - head of state and / or government; -
jurisdictional function - judicial bodies.
The constitutional regulation of the principle of
separation of powers in the state
The Constitution of the Republic of Moldova expressly
proclaimed the separation and collaboration of powers
in the state. Article 6 of the Constitution of the
Republic of Moldova provides: "In the Republic of
Moldova the legislative, executive and judicial powers
are separate and collaborate in the exercise of their
prerogatives, according to the provisions of the
Constitution". National sovereignty belongs to the
people of the Republic of Moldova, who exercise it
directly and through its representative bodies. At the
same time, the provisions of the Constitution establish
the balance of powers in the state. The three powers are
expressed in the supreme law: the legislative in the
norms regarding the Parliament; the executive in the
rules regarding the President of the Republic of
Moldova and the Government; justice in the rules
regarding the judicial authority. The provisions of the
Constitution consecrate the relations between the three
powers, granting them each a separate status. At the
same time, it stipulates the system of mutual control
between powers.

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REFERAT

Separation of powers in the state

The theory of the separation of powers appeared

In its simplest form, the principle of separation of

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