THE LEGALITY OF THE STATE AUTHORITY FROM THE VALUE JUDGEMENT TO THE CONSTITUTIONAL JUDGEMENT: SCIENTIFIC ARGUMENTATION

Abstract

The scientists in the field of Constitutional Law, Theory of Law and Political Sciences approach to the legitimacy of authority in the quality of value judgment or feature of state authority. But the national practice, including the international one invokes an evolution of this concept, which we have formulated as a principle quality of the consolidation of the state of law and democracy.
In the present article, we examine the origins of the concept of legitimacy of the government, the subsequent doctrinary and contemporary approaches of the legitimacy of the state authority finalizing with the formulation of new principles of the political liberal and democratic the principle of the legitimacy of the state authority, as well as the praxeological perspective of this principle.
Annotation. If the state authority as an indispensable element of the state in the contemporary acceptance is treated by the constitutional doctrinaires, theorists and political theorists unanimously, then the legitimacy of the authority is approached only partially and from different points of view. Thus, the constitutionalist T. Draganu expresses his opinion in this context from the point of view of value judgment of the legitimacy of the government, as well as of the Constitution. Then, the constitutionalist I. Guceac, through the prism of the analysis of various schools of legitimacy of the state authority, gives his own definition of the category of legitimacy of the state authority. While the theorist I. Jecev considers that the legitimacy is a characteristic feature of the state authority, a concept which we do not share, because in these circumstances the rebel regimes should be recognized as legitimate. And, at last, but not the least, the specialists in political sciences, in their turn, define the legitimacy of the state authority under the aspect of political sciences.
Thus, the problem of legitimacy of the state authority necessitates a scientific approach in the framework of the science of the law as a fundamental branch of the branches of juridical sciences.
As a starting point servicing and analysis serve the research results of the constitutionalists T. Draganu, I. Guceac, P. Pactet, L. Vlasceanu, S. Tamas, etc.