Separation and balance of power and discretionary power in public administration
Separation and balance of powers is one of the fundamental principles which is a fundamental element of the rule of law in any contemporary. The recognition of this principle does not imply that even public administration authorities must have a rigid behaviour, and that they are not allowed to have...
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| Format: | Article |
| Language: | English |
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Bucharest University of Economic Studies
2018-06-01
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| Series: | Juridical Tribune |
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| Online Access: | http://www.tribunajuridica.eu/arhiva/An8v2/9.%20Oana%20Saramet%20EN.pdf |
| _version_ | 1797219006766120960 |
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| author | Oana Șaramet |
| author_facet | Oana Șaramet |
| author_sort | Oana Șaramet |
| collection | DOAJ |
| description | Separation and balance of powers is one of the fundamental principles which is a fundamental element of the rule of law in any contemporary. The recognition of this principle does not imply that even public administration authorities must have a rigid behaviour, and that they are not allowed to have and exercise a discretionary power, a right of appreciation. However, the exercise of such power or right must be within the limits of that principle and, implicitly, of the principle of legality. Nowdays, we can observe
that any public authority, as well as those in the sphere of public administration, tries to force the limits of its discretionary power, or such a behaviour could affect the correct and constitutional functioning of the rule of law. This article is intended to be only an initial approach to identifying the constitutional aspects relevant to the proposed theme by using methods such as comparative or systemic method. Thus, we want to identify those constitutional mechanisms that constitutional legislators have established to prevent overcoming the limits of this discretionary power. Later, through other articles, we will have the opportunity to identify the risk factors that arise in such situations, as well as possible solutions to reduce or even eliminate these factors. |
| first_indexed | 2024-04-24T12:26:47Z |
| format | Article |
| id | doaj.art-d6ac768a83c34201a2f15619df274b4c |
| institution | Directory Open Access Journal |
| issn | 2247-7195 2248-0382 |
| language | English |
| last_indexed | 2024-04-24T12:26:47Z |
| publishDate | 2018-06-01 |
| publisher | Bucharest University of Economic Studies |
| record_format | Article |
| series | Juridical Tribune |
| spelling | doaj.art-d6ac768a83c34201a2f15619df274b4c2024-04-08T07:43:03ZengBucharest University of Economic StudiesJuridical Tribune2247-71952248-03822018-06-0182437452Separation and balance of power and discretionary power in public administrationOana Șaramet0Faculty of Law, „Transilvania” University of Brașov, RomaniaSeparation and balance of powers is one of the fundamental principles which is a fundamental element of the rule of law in any contemporary. The recognition of this principle does not imply that even public administration authorities must have a rigid behaviour, and that they are not allowed to have and exercise a discretionary power, a right of appreciation. However, the exercise of such power or right must be within the limits of that principle and, implicitly, of the principle of legality. Nowdays, we can observe that any public authority, as well as those in the sphere of public administration, tries to force the limits of its discretionary power, or such a behaviour could affect the correct and constitutional functioning of the rule of law. This article is intended to be only an initial approach to identifying the constitutional aspects relevant to the proposed theme by using methods such as comparative or systemic method. Thus, we want to identify those constitutional mechanisms that constitutional legislators have established to prevent overcoming the limits of this discretionary power. Later, through other articles, we will have the opportunity to identify the risk factors that arise in such situations, as well as possible solutions to reduce or even eliminate these factors.http://www.tribunajuridica.eu/arhiva/An8v2/9.%20Oana%20Saramet%20EN.pdfseparation and balance of powersdiscretionary powerpublic administrationexcess of power. |
| spellingShingle | Oana Șaramet Separation and balance of power and discretionary power in public administration Juridical Tribune separation and balance of powers discretionary power public administration excess of power. |
| title | Separation and balance of power and discretionary power in public administration |
| title_full | Separation and balance of power and discretionary power in public administration |
| title_fullStr | Separation and balance of power and discretionary power in public administration |
| title_full_unstemmed | Separation and balance of power and discretionary power in public administration |
| title_short | Separation and balance of power and discretionary power in public administration |
| title_sort | separation and balance of power and discretionary power in public administration |
| topic | separation and balance of powers discretionary power public administration excess of power. |
| url | http://www.tribunajuridica.eu/arhiva/An8v2/9.%20Oana%20Saramet%20EN.pdf |
| work_keys_str_mv | AT oanasaramet separationandbalanceofpoweranddiscretionarypowerinpublicadministration |