In this context remains a problem of essence, not only theoretical but also practical to determine the limits of state power in a democratic society in concrete in Romania and to find solutions in cases of excessive form of manifestation of state authority.
These realities may cause or encourage excess of the power of authorities in societies built upon the principles of modern constitutionalism. In addition there is a subtle situation, namely the difference between the legality of state decisions and on the other hand the state legitimacy. However the differences and contradictions mentioned above, because they are ontological constants of society, they exist in any democratic society. Incontestable these principles in fact and the features of the lawful right materialized and guaranteed constitutionally define the contemporary democratic societies and virtually eliminates totalitarian, dictatorial forms of state power. Here are some of them established since the first written constitution in the world - the US Constitution, adopted in 1787 - Declaration (French) of human and citizen rights on 1789, up to the internal and international contemporary political and legal instruments: supremacy of the Law and Constitution, separation and balance of powers within the state, proclamation and guarantee of the fundamental rights and freedoms, constitutional and judicial control. History shows the political and legal solutions which, especially in the modern period, were devoted to avoid dictatorial forms of power exercising. These contradictions, if they remain in their absolute form, by antagonist excellence can be destructive to an organized state society, as history has shown.
These ontological constants of any human society are inevitable no matter of the social form of organization or characteristics of political regimes, including in democratic societies because the existential and functioning essence of any social system is the expression of the contradictory difference between governors and the governed, between society as a whole and on the other hand, the man in his concrete and personality, between the normative order and moral values, between law and liberty, between public interest and private interest and of course between the vocation of human intangible fundamental rights, and on the other hand the public interest of the state to condition, limit and restrict their exercise. KeywordsĬonstitutional norms Constitutional norm establishing criterions Technical-juridical structure Supremacy of Constitution Normative content Historic Argumentįrom the beginning up to the present the human society is marked by two constants that have ontological value: the struggle for power and on the other hand the fight against the power, both in situations where it is illegitimate because it takes the form of dictatorship or tyranny, also in the versions of apparent legitimacy, especially in democratic societies, such as for example the legitimate political activity of the opposition to come to power or the actions of civil society and individuals against abuse of power. The analysis is aiming to the actual proposals for the revising of the Constitution. In our study we realize an analysis based on compared criterions of the techniques and exigencies for the choosing and systematization of the constitutional norms with reference to their specific, to the practice of other states and within a historical context. The determining with all scientific stringency of the normative content of the Constitution is indispensible both for the removal of any inaccuracy in delimiting the differences from the law, for the stability and predictability of the fundamental law and last, but not the least, for the reality and effectiveness of its supremacy. The solving of this problem needs to consider the specific of the fundamental law and also of the requirements of the coding theory. Since Constitution is a law, yet it nevertheless distinguishes itself from the law, the problem is to establish which juridical norms it contains. The coding is not only the expression of the political will of the law maker, it firstly is a complex juridical technique for the choosing and systematization of the normative content necessary and adequate to certain social, political, economic, institutional realities.
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